BOA minutes 030810 - Laserfiche WebLink

Browse Search

APPROVED 5/10/2010 OC Board of Adjustment – 3/8/2010 Page 79 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 54 To go through the information with the board, the maximum floor ratio is 19,133 square feet based on Article 6 of the ordinance. As the applicant has testified to this evening, they are well below this number, and staff stipulates based on this information provided in the site plan, that are compliant with this standard. The required minimum open space ratio is .84 requiring a minimum open space of 182,631 square feet. Staff has utilized the submitted site plan and calculated the existing open space on information provided by Mr. Tony Whitaker on the site plan. That indicated there will be approximately 211,518 square feet of open space on the property. Page 137 e) Required minimum pedestrian/landscape ratio is 2.1 which equals a total of 45,658 based on the information provided on the site plan by Mr. Whitaker, the property is going to be providing 197,000 feet of pedestrian/landscape area as defined Section 6.12.3 in the Orange County Zoning Ordinance. Mr. Chairman, we find that the application submitted complies with the provisions of Article 6 as we have detailed herein. Jeffrey Schmitt: Accordingly, the technical requirements for the submission for Article 6.1.2 have been met for the staff and Mr. Harvey’s comments here. Do I hear a motion for approval? MOTION made by Dawn Brezina to accept the findings on pages 136-137. James Carter seconded. VOTE: Unanimous Michael Harvey: Now we are getting into specific standards for all special uses. Specifically Section 8.2.4 a), b) and c). As to the method and adequacy of provision for sewage disposal facilities, solid waste and water service. Within your application, there was a copy of the waste water permit issued by the health department indicating that Mr. Lonsway can develop a Class II kennel on his property limited to 20 dogs and also limiting the number of baths that could be given. There are some specific requirements associated with the issuance of that permit that will be enforced by the Orange County Health Department. They have deemed the proposed installation septic system and use of the proposed installation septic system and use of property of this purpose to be adequate. Solid waste, as Mr. Lonsway has already testified is detailed in his application. He will be contracting with a private firm for removal of the waste. He is going to remove solid animal waste from the property by hand. Section 8.2.4 b) Method and adequacy of police, fire and rescue squad protection. I will refer to the memorandums that have been provided to you, the letters by Sheriff Lindy Pendergrass and David Sykes, the Orange County Fire Marshall, indicating they have no issue with the proposed kennel. I should point out that Mr. Sykes has requested an opportunity to review comment and approve the building permit plans prior to the issuance of a building permit. This is a recommended condition if you see fit to approve the permit. 8.2.1 c) Method and adequacy of vehicle access to the site and traffic conditions. The same packet of information you have an email from Deangelo Jones of the North Carolina Department of Transportation indicating they have reviewed the site plan and can issue a driveway permit subject to the county approving the Special Use Permit. Jeffrey Schmitt: Mr. Harvey has just gone over 8.2.4. Staff’s conclusions are that the applicant has met the burden of proof for all three of these specific things. MOTION made by David Blankfard to approve Section 8.2.4 (page 138) as staff has recommended. Tom Brown seconded. VOTE: Unanimous Michael Harvey: Page 139 starts dealing with requirements as specific standards detail with 8.8.11, number 1 and 2. These are specific design criteria for kennel and/or riding stable facilities developed in Orange County subject to a Class B Special Use Permit. The first requirement is for Plans for all kennels, barns, exercise yards, riding arenas, pens and related improvements including signage are provided on site plan, they were. Site plans show any improvements listed above other structures in the same lot and structures on adjacent property. You will recall from the site plan that was also provided in several different sheets. I am now dealing with provisions and requirements on 8.8.11.2 The site is of adequate size to protect adjacent properties from adverse affects of the kennel or riding stable/academy. That is a decision you will be making as part of the