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