Orange County NC Website
Browse       Search
APPROVED 5/10/2010 <br /> <br />OC Board of Adjustment – 3/8/2010 Page 23 of 86 <br />1 2 3 <br />4 <br />5 6 7 <br />8 <br />9 10 11 <br />12 <br />13 14 15 <br />16 <br />17 18 19 <br />20 <br />21 22 23 <br />24 <br />25 26 <br />27 <br />28 <br />29 30 <br />31 <br />32 <br />33 34 <br />35 <br />36 <br />37 38 <br />39 <br />40 <br />41 42 <br />43 <br />44 <br />45 46 <br />47 <br />48 <br />49 50 <br />51 <br />52 <br />53 54 <br /> <br />Jeffrey Schmitt: There was a question raised about the proximity of the storage shed to the property line. I presume that if <br />an individual was to come in and buy this piece of property, one could construct a house in that location and you would be <br />within the zoning requirements of distance from the property lines? <br /> <br />Tony Whitaker: That is my understanding. <br /> <br />Jeffrey Schmitt: Mr. Harvey? <br /> <br />Michael Harvey: I think you need to finish with this witness and let him finish his testimony. Reserve that question for staff <br />latter. <br /> <br />Tony Whitaker: That was a side setback established by zoning for that properly line for any structure and doesn’t distinguish <br />between residential or commercial structures to my knowledge. They are the same setback. <br /> <br />Jeffrey Schmitt: Other questions? <br /> <br />Mark Micol: How long would it take the landscape modifications to have the full streaming effect? <br /> <br />Tony Whitaker: Great question. The full effect will occur many, many years down the road. These plants, especially these <br />Wax Myrtles and Magnolias can grow for years and continue to get larger so decades would be the answer of full maturity. <br /> <br />Rob Maitland: Are you going to have additional testimony on noise abatement? <br /> <br />Nick Herman: Yes. <br /> <br />Rob Maitland: I will reserve my questions until then. <br /> <br />Jeffrey Schmitt: No other questions from the board. <br />Robert Maitland: Mr. Chairman I have an additional questions, Mr. Whitaker the track is 4.683 acres, correct? <br /> <br />Tony Whitaker: I am not sure that is exactly right but it is slightly less than five acres. <br /> <br />Robert Maitland: It is my understanding that only 2.683 of this area is buildable because of the stream buffer. You count the <br />whole five acres or 4.6 acres you are taking in all this land here that you couldn’t build on because of the stream buffer? <br /> <br />Tony Whitaker: Absolutely. <br /> <br />Robert Maitland: to make my point, it is a minimum of two acres required for a home in this neighborhood, you only have 2.6 <br />build able. We are talking about taking this 1,400 square foot house and adding 4,800 on a 2.68 parcel where you are <br />supposed to have two acres per house. That is the key here. You are counting half of this property that is unbuildable on all <br />the numbers. That is a key point. <br /> <br />Tony Whitaker: My understanding of that is the two acre minimum lot size in the rural buffer, I could be incorrect about this, <br />but my understanding is that it does not discriminate as to the quality of the land or the buidability ot that land. The only <br />requirement is two acres of land, not two acres of non-stream buffer land. <br /> <br />Robert Maitland: So you are saying that if they split this property right down here that someone could build a house in this <br />stream buffer? <br /> <br />Tony Whitaker: No. Other regulations would prevent that but from a zoning perspective they would have enough land area <br />to do it. <br /> <br />Robert Maitland: I am talking about reality.