Agenda - 04-15-2014 - 6a - Laserfiche WebLink

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29 1 is whether you are going to keep an ordinance on a theoretical basis that is going to have the 2 practical effect of driving this business out of business. He said there have never been any 3 complaints about noise or smell, which indicates there will not be a problem to make the 4 legislative choice before the Board. 5 6 Michael Brough said the owners have confirmed to him that they did not know about this 7 150 foot setback requirement until the past couple of months. He said that is their 8 representation to the Board. He urged the Board to adopt this ordinance. 9 10 Commissioner Gordon asked, given the item that came before this, where the property is 11 located, and whether it has to be re-zoned EDE-2 in order to qualify. 12 13 Michael Harvey said the rezoning for the previous item is necessary because it is 14 improper to have split zoned property. He said re-zoning does provide an abundance of 15 additional area where dog runs can be placed in compliance with the 150 foot setbacks. 16 17 Commissioner McKee said for him it boils down to aligning the setbacks with the zoning. 18 He said the EDE-2 zoning is high intensity, so you don't expect the same kind of setbacks and 19 development as would happen in a residential or EDE-1. He sees no problem with moving the 20 setback to 25 feet. 21 22 Commissioner Gordon questioned, given the statement that there is room for 23 compliance if the re-zoning is granted, why that cannot be done. 24 25 Michael Brough said this was anticipated, and this was examined. He said looking at the 26 maps, it looks as if there is sufficient space; but it is very difficult as a practical matter. He said 27 the three houses would have to be moved or trees cut down, and there is a creek through the 28 center of the remaining property, as well as some substantial elevation changes. He said the 29 application of the setback makes it a very narrow area, and there is also a required setback 30 from the cell tower on the property. He said, given these things, it becomes very difficult and 31 expensive, and it is of no benefit to anyone to do it. 32 33 Commissioner Gordon said it could be done, but it is expensive. 34 35 Michael Brough said he cannot say that it can be done, as he cannot survey it out. 36 Chair Jacobs said he assumes the Easterlings would know which was more onerous, 37 hiring a lawyer or moving the fence, and they chose to hire a lawyer. He said, based on what 38 Michael Brough is saying, it seems it is highly problematic to move the fence. He said he has 39 used Sunny Acres for years. He said this comes down to the Board being forced to make a 40 choice between an abstract and a specific. He said sometimes the answer is to be inflexible in 41 the name of a greater good, and sometimes the answer is to recognize the situation in front of 42 you and choose that over the abstract. 43 44 He said a decision cannot be based on the property being recombined until a vote is 45 actually taken to recombine it, so this is also abstract. He would rather have dealt with this in 46 another way, but there is no other option. 47 48 Maxine Mitchell said she would want to see a layout of the area and some pictures at the 49 next discussion. 50