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27 <br /> 1 Commissioner Dorosin said he appreciates the attorney's advice that this is a legislative <br /> 2 decision and not a quasi-judicial one. He thought he read in the packet that the general setback <br /> 3 is 25 feet, so if this change were made, it would change the kennel setbacks to match the <br /> 4 setbacks of all the other permitted uses in the EDE-2. <br /> 5 <br /> 6 Michael Harvey said this is correct. <br /> 7 <br /> 8 Commissioner Dorosin said he would make a motion to adopt this change. <br /> 9 <br /> 10 Chair Jacob said it is still early in the process. <br /> 11 <br /> 12 Commissioner Price clarified that in order for the kennel to apply for a variance, it would <br /> 13 first have to come into compliance <br /> 14 <br /> 15 Michael Harvey said his interpretation is that the kennel has an existing special use <br /> 16 permit that is governing the operation of their site. He said his problem is that the owners <br /> 17 cannot meet the criteria to then justify the issuance of the variance. <br /> 18 <br /> 19 Commissioner Price said it is for the panel to decide if this is a hardship or not. She is <br /> 20 just clarifying that the kennel would have to come into compliance first. <br /> 21 <br /> 22 Michael Harvey said the owners can apply for a variance, but it is his opinion that it <br /> 23 cannot be issued if it is to comply with local ordinance and state law. <br /> 24 <br /> 25 Commissioner Gordon asked if it would be an option to have another hearing and make <br /> 26 this a non-conforming use, and eliminate kennels from EDE-2. <br /> 27 <br /> 28 Michael Harvey said if the use is eliminated, then you have an illegally established use. <br /> 29 He said under the confines of the non-conforming ordinance, the logic is that it could continue <br /> 30 operation; however it is already in violation of the permit it was issued in 1986. <br /> 31 <br /> 32 Commissioner Gordon said the question is whether the Board wants to make a universal <br /> 33 change for a specific circumstance. She said the consideration is whether it is universally <br /> 34 acceptable to have a 150 foot setback for a kennel. She said this is a legitimate question. <br /> 35 <br /> 36 Commissioner Pelissier referred to her original question about the EDE-2 total acres, <br /> 37 and she asked if information can be provided on how much of the EDE-2 is already developed <br /> 38 and how much is not. <br /> 39 <br /> 40 She wants to make sure that the public understands that letters sent, even before the <br /> 41 public hearing, become part of the public record. <br /> 42 <br /> 43 Michael Harvey said this is correct on both counts. <br /> 44 <br /> 45 Tony Blake, representative for Bingham Township, said he agrees with Commissioner <br /> 46 Dorosin. He said the intent of this ordinance is to protect people from noise and annoyance <br /> 47 from a kennel, and this is the additional setback. He questioned, in the case of EDE-2, who <br /> 48 cares. He said there should be an ability to tweak this kind of stuff, or the County ends up <br /> 49 putting people through unnecessary hardship or putting them out of business. <br /> 50 <br />