Orange County NC Website
Browse       Search
APPROVED 5/10/2010 <br /> <br />OC Board of Adjustment – 3/8/2010 Page 72 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 />Rob Maitland: Besides all these things we have heard in your presentation tonight, how will it make you feel if you have to <br />live next to that dog kennel? <br /> <br />Harold Southerland: I would be very upset and disappointed. Cause we been living out there and it is a quiet country <br />setting, I don’t believe a dog kennel beside you with a six foot wooden fence with trees growing up, with all the sound proof <br />they say it will be, I am still going hear, I have heard dogs from his place already and I have heard him holler at the dog, <br />training or whatever he is doing. I would be very disappointed if the kennel was put out there. <br /> <br />Rob Maitland: No further questions. <br /> <br />Jeffrey Schmitt: Questions by the board. Thank you Mr. Southerland. Prior to the attorneys having their closing statements, <br />is there anyone else who is present today who wishes to offer testimony? <br /> <br />Bobby Mauer: I haven’t been sworn in because I came from work. <br /> <br />Jeffrey Schmitt: You should sign in and be sworn in. <br /> <br />Bobby Mauer: I am Bobby Mauer. <br /> <br />Jeffrey Schmitt: And you have been sworn in. <br /> <br />Bobby Mauer: I have been sworn in. I am the adjacent property on the other side of the creek. The creek separates our <br />property. Carolyn and Harold are my relatives. Our family has been on this property many generations so I guess it will be <br />three. But the creeks are separating his property and my property, I have been a licensed realtor for 17 years so when Joan, <br />Marie Austin, the owner of the company, I can testify to what she is saying about a material fact. It is so true, the first <br />hearing when we had this, I spoke about these things and indicated some of the things that Nick had said and testified that <br />those are true but to make a long story short. I have got two small boys. I am adjacent to his property; I have concerns <br />about the type of dogs he is going to be seeing. I know he is saying that is going to be a kennel that is high tech and <br />something else but I have two small boys. Yesterday, we are playing out by the creek, I am concerned about what is going <br />to happen if these dogs get away and they come toward my kids and they affect my two small boys and to say that we don’t <br />hear animals, yesterday I am playing by the creek, I hear his dogs barking and that is okay but if there is 20 dogs I am <br />concerned about that. I live there I love it there but I am going to be honest with you, I am not going to love it so much with a <br />kennel next door to me. And say that I want to sell it, because I am not happy about the kennel being here, it’s going to <br />affect the value now. Now I am going to lose money and lose value on my property because there is a kennel next door <br />now. That is not fair. I say put yourself in my position. If you would have lived there and a kennel was trying to come next <br />door to you, how would you feel and if you tried to sell this property and you saw, say you wanted to come look at properties <br />even, if you saw there was a kennel next door and there was another property down the road that was similar, which one will <br />you pick? Let’s use some common sense. You are going to pick the one not near the kennel most likely so that is all I had <br />to say was to confirm what Joan had to say and that I am a concerned neighbor, I am adjacent to it and I am a third <br />generation family member that has been there and I don’t want this to happen. <br /> <br />Jeffrey Schmitt: Questions by either counsel? By the board? <br /> <br />Kevin Hurley: I am Kevin Hurley. I am an adjacent property owner also …. <br /> <br />Michael Harvey: Mr. Hurley, could you state for the record that you have been sworn in. <br /> <br />Kevin Hurley: I have been sworn. The yellow one is the kennel? This is the Southerland’s? My wife and I live right here <br />directly across the street from the proposed kennel so I would be looking right out the window at this every day. I actually <br />had originally planned to go through the three requirements that the applicant is supposed to meet for this but I think we have <br />gone through a lot of it in a lot of detail so I wanted to just focus on two. The first one being the public health, safety and <br />general welfare; what I wanted to mention is something that I was just informed of by my realtor who sold me the property, <br />he has actually been out of town and I just talked to him this weekend, and to get him to also agree that I would have to <br />disclose this as a material fact if I ever wanted to sell my property. He mentioned to me, and it is something I think the board