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