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No. Page(s) Agenda Item <br /> <br />5. 19-114 A-5-14 – Appeal of a Revised Determination made by the Zoning <br />Officer submitted by Adrian Carter, Robert Nicholas, John Gallagher, <br />Kathleen Erickson, Heron Pond Subdivision homeowners, ETAL: <br />In accordance with the provisions of the Orange County UDO, the <br />applicant(s) have appealed a decision of the Zoning Officer related to the <br />rescinding of a Notice of Violation associated with the purported operation <br />of a shooting range. <br />The County issued a Notice of Violation (NOV) on April 29, 2013 over the <br />discharge of firearms on a 34 acre undeveloped parcel of property <br />identified utilizing Orange County Parcel Identification Number (PIN) <br />9747-86-5920 owned by Mr. William Klein. <br />The Notice of Violation was rescinded in February 2014 due to lack of <br />credible evidence as well as a review of recent court cases. The letter <br />rescinding the NOV informed Mr. Klein staff would continue to investigate <br />the matter and reserved the right to re-initiate the enforcement effort. <br />The applicant(s) allege staff erred when rescinding the NOV citing seven <br />specific determinations as follows: <br />1) There is no ‘firing range’ operating from Bingham Woods Mobile <br />Home Park property. <br />2) Discharging firearms by [the] property owner and family was a <br />customary accessory use. <br />3) There is currently no ‘principal use’ on the undeveloped 34 acre <br />parcel. <br />4) The [April 29, 2013] NOV is hereby rescinded. <br />5) The NOV was ambiguous in that it made mention only of <br />[proposed] operations but failed to give clear and complete <br />allegation of the violation. <br />6) The NOV made no conclusion on whether a non-profit recreational <br />use existed at this location, which is required for such a <br />determination to be made. <br />7) Other than the discharge of firearms by residents and guests, the <br />NOV alleged no facts on which to base a conclusion that a non- <br />profit recreation use existed. <br /> <br />6. ADJOURNMENT <br /> <br />IF UNABLE TO ATTEND THIS MEETING, PLEASE CALL THE PLANNING DEPARTMENT (NUMBERS <br />LISTED BELOW – PRESS 1 PLUS EXTENSION 2575 OR 2585). STAFF CAN THEN DETERMINE IF A <br />QUORUM WILL BE PRESENT FOR THE MEETING. <br /> <br /> HILLSBOROUGH - 732-8181 MEBANE - 227-2031 <br /> CHAPEL HILL - 967-9251 DURHAM - 688-7331 <br />