Orange County NC Website
• On May 15, 2001, the BOCC approved the Preliminary Plan for the Ashwick Subdivision. <br />Included in the approval was a 100 -foot perimeter building setback for structures for all <br />lots within the subdivision. <br />• On November 6, 2002, the BOCC amended the May 15th Resolution of Approval to <br />accommodate the construction of an internal walkway system within the common open <br />space. <br />• The 100-foot building setback is a unique requirement of the Conservation-Cluster option <br />of Flexible Development. The original intent of the buffer was to provide a 100-foot <br />minimum distance between potential structures in newly approved subdivisions and <br />adjacent property lines bordering the subdivision. The original idea was that 100 feet <br />was necessary for privacy for adjacent owners, even though adjacent lots may have <br />structures located within 20 feet of the subdivision boundary. <br />• Lots 22-26 are severely encumbered by the setback requirements. The building pads' <br />depths at the center are approximately 40 feet, more or less, on lots 22 - 26. While this <br />depth is adequate for most homes, there is little or no usable area for decks, bricked <br />patios, workshops, or garage/storage structures for lawnmowers, garden tools, etc. (See <br />applicants' plot plans on pages 6-8) <br />• As a side note, the Planning Board asked staff to investigate (research) how 100' building, <br />setbacks are realized in urban settings, such as this case, versus rural settings where <br />lots are always more than 4 times larger. <br />• All property owners within the subdivision are aware of the applicants' application and <br />have signed documents indicating their consent with the request. (See attachment on <br />page 9) <br />• Even with the 25-foot setback reduction, the restrictions (which creates more in-lot open <br />space/unbuildable areas) on these lots are still greater than on other lots within the <br />subdivision. <br />PROCESS <br />Planning Board, on September 6, 2006, voted 9-1 to recommend approval of the request <br />to reduce the subdivision perimeter-building setback from 100 feet to 75 feet. <br />BOCC to receive Planning Board and Administration recommendations and to make <br />decision. <br />FINANCIAL IMPACT: No public Financial Impact <br />RECOMMENDATIONS: Administration recommends Approval of the request in <br />accordance with the attached Resolution of Approval. <br />Planning Board recommends Approval of the request to reduce <br />the perimeter building setback to 75-foot width and to require that a <br />double-sided shadowbox fence be constructed in the common area, <br />at the rear property line of Lots 22 — 26. The Homeowner's <br />Association shall maintain the fence. (See attached preliminary <br />plan for proposed fence location) <br />