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Minutes 02-24-2014
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Minutes 02-24-2014
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4/16/2014 8:45:54 AM
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BOCC
Date
4/15/2014
Meeting Type
Public Hearing
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Minutes
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Agenda - 02-24-2014 - Agenda
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\Board of County Commissioners\BOCC Agendas\2010's\2014\Agenda - 02-24-2014 - Quarterly Public Hearing
Agenda - 02-24-2014 - C1
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Agenda - 02-24-2014 - C6
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district. <br /> Michael Harvey said there is no formal presentation for this item. He referred to a <br /> display of the text markup. He referred to page 65 of the abstract and the proposed text <br /> amendment on Attachment 1. <br /> He said this is referring to a Class 2 kennel, which involves the keeping, boarding, care, <br /> and training of more than 20 animals. He said the current requirement is a 150 foot setback <br /> from all established property lines. He said the applicant is currently operating under an existing <br /> Class 2 kennel permit, issued in 1986. He said the applicant has dog run areas within the <br /> required setbacks, and the proposed text amendment would drop the required setback to 25 <br /> feet. He said this would, in effect, adhere to general zoning setbacks already established for <br /> this district. <br /> Michael Harvey said staff has some concerns, which are identified in the abstract and <br /> the staff memorandum. He reminded the Board of an email in front of them from Mrs. <br /> Easterland. <br /> Michael Brough referenced a handout. He said the purpose of this is to correct an <br /> unfortunate situation where the applicant is in violation of a zoning ordinance as a result of the <br /> 150 foot setback situation. He said it did not occur to the owners when the property was <br /> purchased that the replacement of an existing fence would create a zoning problem. He <br /> referred to a handout and a comparison of past and current site plans. He said the 1986 permit <br /> was evidently in violation of the setback requirement, and the new owners were not aware of the <br /> setback requirement. He said the initial notice of the zoning violation occurred back in 2006, <br /> and there is no mention of the 150 foot setback requirement. <br /> He said the amendment reduces the 150 foot setback that applies to kennel 2 uses, only <br /> in the EDE-2 zoning district and where the property adjoins other property that is zoned EDE-2. <br /> He said it does not apply to any other zoning district. He said the 25 foot setback would <br /> continue to apply to this use, although the owners prefer to keep their existing fences where <br /> they are. He said the change in ordinance only applies to the exercise yards, and it doesn't <br /> apply to buildings. He referred to the proposed new language which states this. He said the <br /> change to the 150 foot setback does not apply to buildings, as buildings can already go up to <br /> the 25 feet. <br /> Michael Brough said the most important aspect of the change is that the amendment <br /> only applies in the EDE-2 district and where the property adjoins other EDE-2 properties. He <br /> said this is important because the uses in the EDE-2 district are fairly intensive as compared to <br /> other districts. He said there is low likelihood of any other type of uses in this area, due to the <br /> location and lack of sewer. He said that makes this a very narrow amendment. He said the <br /> benefit to the public of maintaining that 150 foot buffer is marginal, if it exists at all; however the <br /> hardship that it creates for the owners is pretty extreme. He said there are no other practical <br /> areas to place the exercise yards, and these are integral to maintain the business. He said <br /> there are 300-400 signatures from customers and community members in support of this <br /> business. He said there are 20 or more employees, whose livelihood depends on the business. <br /> He noted the members of the audience in attendance to support this amendment. <br /> Commissioner Gordon addressed Michael Harvey and referred to the staff analysis page <br /> 73. She asked for clarification on this, specifically items 6 through 9. <br />
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