BOA minutes 030810 - Laserfiche WebLink

Browse Search

APPROVED 5/10/2010 OC Board of Adjustment – 3/8/2010 Page 63 of 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 a direct answer, yes, no or no impact so you don’t go until you find data, you look at the best possible place to find data and if there is a lack of data that is the end. You don’t just go until you can find something. That is part of the problem with the data presented that has been talked about earlier here. Rob Maitland: Is that what Mr. Knight was referring to when he said he found the most closely situated county = Tom Tolley: I have no doubt about that. That probably was the best place to go but it doesn’t make a logical comparison. First, those are normal, what everybody thinks of a subdivision, ¼ acre, 1/3 acre, ½ acre, subdivisions with houses on each parcel. That is not what we have got here. This isn’t a subdivision, this is a rural or maybe suburban area and there are really two kennels in Orange County and a couple in Durham County that really meet that. They both have been talked about tonight. One on 86, Greenway or something like that is the name of it and Paws and Claws out on Guess Road in Orange County. Those would have been the places to go for data because they are very similar, similar houses, not necessarily similar houses in age but the stuff up in Orange County, all the houses are about the same age for Paws and Claws and the same with the other and all the ones on New Hope Church Road and I am sure that Mr. Knight looked at those properties and did not find the data. He didn’t use them because he didn’t want to use them but if there are no sales, there are no sales. That can be for a number of factors, not necessarily because of a kennel. Obviously the economy hasn’t been the best lately and house sales are slow and so if there is no data to analyze then you can’t draw a conclusion and those would have been the places to go for data, not a subdivision beside Wal-Mart which has a number of impacts primarily traffic more so than noise so that is not comparable. We are not talking about a huge amount of cars coming down New Hope Church Road to go to this kennel. Totally different type of impact. Sunny Acres is a facility that has been there for years. A lot of those houses were built at the same time and many after Sunny Acres came in there and I would suggest that if any board members walked to Sunny Acres and stood out in the back of the yard and yelled as loud as they could, no one in that neighborhood could hear you. That is not really a relevant neighborhood, the Sunny Acres and so the areas that were chosen as comparable properties really aren’t just logical comparisons and once again, you don’t keep going until you find data, you look at the best place for the data that is going to give you the information and if there is no information there then your only conclusion is that I cannot draw a conclusion. Rob Maitland: Mr. Knight had a job to do right? Tom Tolley: Sure. Rob Maitland: Mr. Lonsway needs to get this kennel approved and he can’t get it approved unless the board has something to rely on. Tom Tolley: Exactly. Rob Maitland: It is that prong about maintaining and enhancing value. You heard me go through my whole song up here and it probably aggravated you as much as it did everybody else. Basically, the first question I am going to ask it, the Wildwood/Hampton Point scenario, the homes by the Wal-Mart and Home Depot. Does that have any relevance that this board could rely on to make a decision tonight as far as the Lonsway application for his commercial dog kennel? Tom Tolley: No. I think that data is totally meaningless. For one, not comparable and two, another piece of faulty piece of methodology is that it is not compared to anything else. It is taking those subdivisions in a vacuum and saying that the percentages they are going up whether you look at them annualized and gross whatever you are looking at but you are not comparing them to similar areas in the county. The next step of that methodology would be go five miles down the road from each of those subdivisions and find another subdivision with similarly aged houses and see what their appreciation or depreciation or whatever the fact would be. Rob Maitland: Without a Wal-Mart? Tom Tolley: Without a Wal-Mart. And that is how you would draw your conclusion is to say, behind Wal-Mart, they are going up 8% or 3% and down the road they are going up 5%.