Orange County NC Website
Browse       Search
36 <br /> 109 <br /> 110 Mrs. Easterlin: The cost I gave you was to use the existing fence. <br /> 111 <br /> 112 Michael Brough: We have a cost estimate here that comes to$55,000. <br /> 113 <br /> 114 Craig Benedict: I will make some general comments as you deliberate on a legislative decision to change the <br /> 115 aspects of a zoning district EDE-2. If it is a general problem, you can address things generally. As a companion to <br /> 116 that if it a specific issue, try to address the problem specifically or isolated. Another moral (standard) is each zoning <br /> 117 districts has uses that are permitted by right. That is what the Planning Board and BOCC have determined that those <br /> 118 are the most appropriate uses that permitted by right. Those are the ones that are anchors of a zoning district. <br /> 119 Special uses do not have the same standing in a zoning district as a use permitted by right. Before you change <br /> 120 regulations, is there a way to change how things are operated or change location of buildings. Also, if you make a <br /> 121 change in this zoning district, could it ever be used to justify changes in another zoning district? The last thing is that <br /> 122 we do not base regulation changes based on what the land is on now;we based it on what the land is zoned or what <br /> 123 the future land use is. <br /> 124 <br /> 125 Lisa Stuckey: Under this proposed text amendment, would the fence still need to be at least 25 feet from the <br /> 126 property line? <br /> 127 <br /> 128 Michael Harvey: If this is approved,yes. <br /> 129 <br /> 130 Lisa Stuckey: So the fence has to be moved. <br /> 131 <br /> 132 Michael Harvey: The fence has to be moved or the Easterlins'will have to purchase additional property to make it <br /> 133 comply with the 25-foot setback. <br /> 134 <br /> 135 Lisa Stuckey:The wording doesn't permit it to be close on the property line but always 25 feet. <br /> 136 <br /> 137 Michael Harvey: When it is adjacent to property zoned EDE-2 the setback will be 25 feet. <br /> 138 <br /> 139 Herman Staats: The blue line is the current fence;the black line is the setback in compliance. <br /> 140 <br /> 141 Michael Harvey: The special use permit approved recognizing these structures as being part of the dog kennel <br /> 142 operation approved in 1986. It is the dog runs that create the problem. <br /> 143 <br /> 144 Herman Staats: The setback refers to outside use or any use. <br /> 145 <br /> 146 Michael Harvey: The ordinance states that the 150-foot applies to all buildings and outdoors exercise areas. There <br /> 147 was obviously a different interpretation in 1986. The rule does allow for the 150-foot setback to be waived if portions <br /> 148 where animals are housed are completely enclosed in the building. The interpretation that we have utilized since 1 <br /> 149 began work with the County in 2005 says that if all portions of the facility are in a building, no outdoor area at all,then <br /> 150 the 150 rule does not apply. <br /> 151 <br /> 152 Tony Blake: So technically he is not in compliance. <br /> 153 <br /> 154 Michael Harvey: I am not going to say this is non-conforming because I have a special use permit and approval that <br /> 155 says otherwise. <br /> 156 <br /> 157 Buddy Hartley: The only place the animals are housed is in the original spot? <br /> 158 <br /> 159 Michael Brough: The blue box with white areas is like portable carports. <br /> 160 <br /> 161 Buddy Hartley: I am familiar with the area. You have more area for dog runs in the black box. <br /> 162 <br /> 3 <br />