Agenda - 09-06-1994-X-B - Laserfiche WebLink

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ORANGE COUNTY 1 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 6, 1994 Action Agenda Item # x-13 SUBJECT: Report on Application of Stream Buffer Requirements on Existing Lots DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis Extension 2583 TELEPHONE NUMBERS: Hillsborough-732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To consider a strategy to be used in addressing development of existing lots of record which are subject to stream or reservoir buffer requirements. BACKGROUND: Attached is a report concerning stream buffer provisions of the Zoning Ordinance, as applied to existing lots of record. There have been a number of complaints concerning the impact of stream and reservoir buffer requirements. In some cases, the required buffers may render an existing lot unbuildable without a variance, since the width of the buffer was not taken into account when the lot was created. This issue creates a particular problem for the existing lots surrounding Lake Orange. The Board of Commissioners may wish to reconsider possible alternatives to variance requests for stream and reservoir buffers on lots which existed before January 1, 1994 . A recommended strategy is included in the attached report, and would allow the Planning Staff, in consultation with Environmental Health and the County Engineer, to issue a zoning compliance permit for development which does not meet the minimum buffer requirementsywhen specified findings could be documented. In all other cases, a variance request would be presented to the Board of Adjustment according to current procedures. It is also recommended that wells be permitted in stream buffers in cases where the additional flexibility in well location could eliminate the need for an exception to or variance of setback requirements for structures or septic systems. Another issue which should be explored is the