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25 <br /> September 22, 1994 <br /> Orange County Planning Department <br /> 306F Revere Road <br /> Hillsborough, NC 27278 <br /> Attn: Mary Willis <br /> Dear Mary, <br /> First of all, we would like to say thank you to the planning staff and the board for <br /> realizing the need to amend the setback requirements as they pertain to the stream buffer <br /> regulations passed on January 1, 1994. The time you have spent with all of us has been quite <br /> educational and informative. <br /> We are now non-conforming by your definition. We ( the citizens of Orange County ) <br /> truly feel we are conforming, based on the fact of compliance of every regulation you can <br /> think of when these houses were built. In general, we feel any law passed should not include <br /> those whose deeds were recorded prior to the effective date. <br /> The planning board staff is now proposing a method to allow con-compliant <br /> undeveloped lots a simpler method of applying for a variance through the planning board <br /> versus the board of adjustment, with all the associated fee's involved. This is commendable. <br /> There is no reference to existing lots with structures in your current report. The planning <br /> board staff must make some provisions for these structures. The minimum lot non-complaint <br /> regulation , Classification of Non-Conformities section 11.10c states, a non-conforming <br /> residential structure located on a non-conforming lot shall not be required to comply with <br /> either or both dimensional requirements regulating; <br /> 1. minimum lot size <br /> 2. minimum width <br /> But shall comply with the dimensional requirements regulating; <br /> 1. required front setback <br /> 2. required side and rear setback <br /> 3. maximum building height. <br /> Our stance is, we shouldn't have to comply with the new setback regulations. If the <br /> recommendations are not approved, then a provision through amendment must be created with <br /> the appropriate verbiage to include existing developed lots with structures. It is far easier to <br /> conform with new construction on an undeveloped lot than on a lot with a pre-existing house. <br /> It would be more costly and time consuming to move a foundation and the house also. In <br /> addition, I would have to move my existing LP septic system, because moving the house back <br /> to the 150 setback would put it on top of the existing septic system. <br /> For the ci 'zens of Orange County, <br /> Gary L b sky <br /> 4222 Arrowhead Trail <br /> Hillsborough, NC 27278 <br /> (919) 732-2175 <br />