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APPROVED 5/10/2010
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<br />OC Board of Adjustment – 3/8/2010 Page 76 of 86
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<br />testify to the harmony of the neighborhood. The only people who testify with any knowledge of the neighborhood were the
<br />neighbors who came in and told you what the impact would be. It is silo, when will this silo, by design, I mean the plus of this
<br />thing is that it will have no sound coming out of it. How do you make that look good? You want to see a sound proof facility,
<br />go down to downtown Durham and take a look at the prison down there. That is pretty much what they tried to do to. If you
<br />do decide to approve this thing, I beg you to put stringent requirements on this thing. You heard Mr. Lonsway that he would
<br />be happy to in perpetuity commit to 20 dogs. It is not fair, two or three years from now when he sells the property, and
<br />someone else comes in here and plans change, by that point, what is the impact, we already have 20 dogs, what is 10 more.
<br /> That is how these things go. Hold him to his word. Require him to do Phase I and Phase II. My question is that if you are
<br />not looking to expand, why do you need three phases. Make him put the sealed attic in. It costs a lot of money to do that,
<br />you know why, because it works. Then he will have to have an HVAC system that takes care of all the smell. When is the
<br />last time you have been down to the dog shelter, tell me what you smell there, where will it go, how do you control that. No
<br />one talked about that. Put in some stormwater controls. The same ones you would put in if someone else was trying to build
<br />from scratch. A commercial operation next to New Hope Creek. It is unbelievable. All the septic requirements and
<br />everything else, then ask yourself the question, will that really be complied with and what is going to be the cost to everyone
<br />in the county to make sure that it is complied with and is that something we want or maybe there is a reason why there is no
<br />data points for something like this because it is just a bad idea.
<br />
<br />Jeffrey Schmitt: Thank you Mr. Maitland. Are there any other questions by members of the board of the expert witnesses?
<br />
<br />Michael Harvey: I have some housekeeping items and obviously it is my role at this meeting to go over the findings we are
<br />required to make some recommendation on. I am not going to belabor some points that have already been made but one
<br />correction I need you to make. If you can turn to page 135 in your abstract in the required findings sheet, strike and delete
<br />references to Agricultural Residential zoned property and put Rural Buffer instead. That is the actual zoning of this property
<br />and then strike and delete all references to a 40,000 square foot minimum lot area, it is 87,120 square feet or two acres. I
<br />am now on page 135, number (a), change that 40,000 square feet to 87,120 and strike the references to agricultural
<br />residential and change them to read rural buffer. With that correction, I ask that the board accept the abstract as amended
<br />into the record, which includes as attachments, , which we will go over in a minute. The findings of fact, which we will also
<br />go over as well as order remanding this matter to the Board of Adjustment to review, which is attachment A.
<br />
<br />Jeffrey Schmitt: Hearing Mr. Harvey’s request for the inclusion in the record of the items that were included in our package,
<br />do I hear a motion for approval.
<br />
<br />MOTION by Dawn Brezina made a motion to approve the items included in the packet (staff memorandum, the application
<br />requesting the Special Use Permit, aerial photos of the map and the adjacent properties, staff correspondence including
<br />correspondence from Sheriff Lindy Pendergrass, the North Carolina Department of Transportation, David Sykes, the Orange
<br />County Fire Marshall, and the corrected required findings sheet). David Blankfard seconded..
<br />
<br />VOTE: Unanimous
<br />
<br />Michael Harvey: My next request is that you allow staff to enter into the record certified copies of the Orange County Zoning
<br />Ordinance and the 2030 Comprehensive Plan as adopted by the Board of County Commissioners on November 18, 2008.
<br />
<br />Jeffrey Schmitt: Mr. Harvey, that will include the definition of the rural buffer and will also include within that definitional
<br />context things that are allowed and not allowed to be built.
<br />
<br />Michael Harvey: Correct statement.
<br />
<br />MOTION by David Blankfard to include the approvals and recommendations made by Mr. Harvey. Tom Brown seconded.
<br />
<br />VOTE: Unanimous
<br />
<br />Michael Harvey: Before I begin reviewing the findings of fact for this case, there is a couple of items of testimony that have
<br />been made and that I need to correct or feel that I need to enter into the record, the correct answers, with respect to this
<br />application, the zoning ordinance as it has been entered into the record, there has been a long, in-depth discussion about
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