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APPROVED 5/10/2010
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<br />OC Board of Adjustment – 3/8/2010 Page 77 of 86
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<br />minimum lot size required for the Rural Buffer Zoning District. According to Article 5 of this ordinance, the minimum lot size
<br />is two acres or 87,120 square feet, however, the usable area for any lot of record approved through any subdivision process
<br />is regulated by Section 6.24.2 of the Zoning Ordinance entitled The Minimum Usable Lot Area for Lots that Utilize Ground
<br />Absorption and Waste Water Systems and I quote, “Useable lot for parcels between 40,000 square feet and 1.99 acres in
<br />size shall be a minimum of 30,000 square feet. Zoning lots two acres and greater shall have a minimum usable lot area of at
<br />least 40,000 square feet’. Translation, you have a two acre lot zoned rural buffer, there has to be 40,000 square feet of
<br />useable upland area that is not encumbered by stream buffers flood plains, right-of-way easements, or any other
<br />encumbrances recognized by this ordinance in order for it to be allowed to be created through the subdivision process. That
<br />is the minimum requirements. There has been testimony back and forth about what the minimum lot size for rural buffer lot
<br />has to be. The testimony has been correct that the minimum required lot size is two acres however; the usable area only
<br />has to be 40,000 square feet for this section of the ordinance.
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<br />With respect to permitted uses and questions arising about his type of facility, in accordance with Section 4.3, the Table of
<br />Permitted Uses of the Orange County Zoning Ordinances, the Board of County Commissioners in 1988, when approving the
<br />Rural Buffer Zoning District designated several non-residential land uses to be permitted uses of property subject to the
<br />issuance of a Special Use Permit. A Class II kennel is one of those types of uses and it is permitted subject to the issuance
<br />of a Class B Special Use Permit. The Board of County Commissioners, in rendering that decision, determined that this and
<br />other similar non-residential uses were consistent with the definition of the Rural Buffer Zoning District as articulated within
<br />the 2030 Comprehensive Plan.
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<br />There have been comments and questions that have been brought up about the modification or changes of the Classification
<br />of Special Use Permit from a Class B to a Class A. As this board is aware, the standards will be the same for a Class B or
<br />Class A Special Use Permit, which we will go over. To change the class of Special Use Permit would only change the venue
<br />in which it is reviewed and acted upon, it doesn’t change any of the requirements or the standards that have to be observed
<br />by those in support or opposition to a permit application.
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<br />I need to move to Article 8 and begin reviewing with you what has to happen. As both Mr. Herman and Mr. Maitland have
<br />articulated, you are in a quasi judicial process where you have to make various findings of fact and conclusions based on the
<br />evidence provided to you. Specifically, the board has two jobs tonight, you are going to be certifying the application
<br />compliant with specific standards as articulated in Section 8.2.4 relating to the method and adequacy of the provision of the
<br />sewage disposal facilities, the adequacy of police, fire and rescue squad protection and the adequacy of vehicular access to
<br />the site. You will be making specific findings regarding whether or not the applicant met their burden with respect to
<br />submission of Special Use Permit application as detailed under Sections 8.6 and 8.8 of the ordinance. You are going to be
<br />rendering a finding on the applicant’s compliance with specific regulations governing the development of individual special
<br />uses, that set forth in Article 8, specifically section 8.8.11 which is the regulation regarding the development of kennels or
<br />riding stables/academies of the Orange County Zoning Ordinance. You will also be making specific findings as to whether or
<br />not the applicant complies with provisions of Article 5, Dimensional Requirements and Article 6, Application of Dimensional
<br />Requi9rmetns.
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<br />Then, in conclusion, you are required to make findings whether or not the applicant has met the three prong test that both
<br />Mr. Maitland and Mr. Herman have talked about specifically covered in Section 8.2.1b, number 1, the use will maintain or
<br />promote the public health, safety and general welfare, if located where proposed and developed and operated according to
<br />the plan as submitted. Number 2, the use will maintain or enhance the value of contiguous property and number 3, the
<br />location and character use, if developed according to the plan submitted, will be in harmony with the area in which it is to be
<br />located and the use is in compliance with the general plan for the physical development of the County as embodied in these
<br />regulations or in the Comprehensive plan, or portion thereof.
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<br />As you know from past experience and from the confines that this ordinance staff does not make recommendations
<br />concerning these three items because they are to be based on sworn testimony that you receive at this meeting. Per
<br />Section 8.2.2 of the ordinance, where the boards finds compliance with the general standards, the specific rules governing
<br />that specific use proposed within an application and that the use complies with all the required standard and regulations
<br />including the three I just alluded to, you are obligated to approve the permit period. If you find they have not met any of
<br />these standards or they have not adhered to or proven as is there burden that they meet the three general standards I have
<br />just alluded to, you have to deny the application.
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