Orange County NC Website
Browse       Search
Approved 8/11/2014 <br /> <br />OC Board of Adjustment – 4/22/2014 Page 69 of 69 <br />Samantha Cabe: You indicated that farming could also be logging but we also have the condition number two which 1 <br />requires that the existing vegetation … 2 <br /> 3 <br />Michael Harvey: That is around the telecommunication tower itself. 4 <br /> 5 <br />MOTION made by Samantha Cabe to approve the Special Use Permit with the conditions set forth on pages 218 6 <br />and 219 of the abstract as amended to correct the dates of this hearing in paragraphs numbered 1 and 2 so that 7 <br />such conditions are requirements that the application must meet in order to qualify for the Special Use Permit. 8 <br />Seconded by Jeff Schmitt. 9 <br />VOTE: Unanimous 10 <br /> 11 <br />MOTION made by Samantha Cabe to close the public hearing. Seconded by David Blankfard. 12 <br />VOTE: Unanimous 13 <br /> 14 <br />Michael Harvey: As you may know, the planning staff has been engaged in an enforcement action with a property 15 <br />owner in Southern Orange County concerning the purported operation of a shooting facility. After conferring with the 16 <br />county attorney’s office, we have rescinded that notice of violation. The property owner, Mr. Kline, has approached 17 <br />staff and suggested operational parameters which he is willing to impose upon himself as a means of addressing the 18 <br />adjacent property owners concerns of his activities. The adjacent property owners have appealed our determination 19 <br />to rescind the notice of violation which will be reviewed by this board at a future meeting. Planning staff in 20 <br />consultation with the county attorney’s office rescind the initial office as it was inconsistent with certain findings in 21 <br />recent case law and also there was a concern that the NOV as written was unsustainable so the adjacent property 22 <br />owner will be asking the board at a future date to reverse staff’s decision. 23 <br /> 24 <br />Samantha Cabe: Where is this? 25 <br /> 26 <br />Michael Harvey: On a 34 acre undeveloped parcel of property off Angel Way near Ford Road near the Bingham 27 <br />Woods Mobile Home Park. 28 <br /> 29 <br />Larry Wright: Will Churton Grove be appealed? 30 <br />Michael Harvey: I have no idea. 31 <br /> 32 <br />Jeff Schmitt: This gentleman owns property and has more than just himself engaging in shooting out there? 33 <br /> 34 <br />Michael Harvey: We issued a Notice of Violation indicating he had developed a regulated facility versus simply he 35 <br />and his family engaging in an activity. He appealed that determination arguing, essentially, it was him and his family 36 <br />and there were no third parties. After reviewing the issue further, we determined there was insufficient evidence to 37 <br />sustain the notice as I had written it. Also it was determined the interpretation I had made was not supported by 38 <br />recent court cases so we rescind the notice. Within that letter we noted we would continue to monitor and 39 <br />investigate and try to compile sufficient to justify our original finding. 40 <br /> 41 <br />Jeff Schmitt: The appeal coming before this board will be based on the fact this gentleman is using it in violation. 42 <br /> 43 <br />Michael Harvey: The neighbors are basically saying they believe we did not err and should never have rescinded 44 <br />the notice. They are alleging I should never have rescinded the notice. 45 <br /> 46 <br />AGENDA ITEM 7: ADJOURNMENT 47 <br />Motion made to adjourn. 48