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APPROVED 5/10/2010 OC Board of Adjustment – 3/8/2010 Page 80 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 three tiers. We have provided you a comment from us as this meets the minimum lot requirements of the rural buffer we can’t recommend anything else other than approval. I am now at 8.8.11.2 b) but I want the board to remember that even though you are making this finding, that does not preclude you from denying a permit if you so discern that they have not met the three general requirements. Number 8.8.11.2 b) No part of any building, structure, runway or riding arena, in which animals are housed or exercised shall be closer than 150 feet from a property line, except property occupied by the owner/operator of the kennel. These minimum distances shall not apply if all portions of the facility, in which animals are housed, are wholly enclosed within a building. If you will refer back to the site plan, the open air exercise is far from 150 feet from all property line and the kennel building itself is 150 from all property line. The storage facility which will not house any animals doesn’t necessarily meet the 150 feet setback but as it is not housing the animals it is not required to. On page 140, 8.8.11.2 c) Any kennel which is not whole enclosed within a building shall be enclosed by a security fence at least six feet in height which shall include primary enclosures or runs. The site plan denotes that an open air exercise will be enclosed by the required six foot high fence. Subsection d) The site plan shows parking, access areas and screening devices for buildings and animal boarding facilities. The site plan denotes the required buffers and denotes the parking area and access lanes. Section 8.8.11.2 d) The site plan shall be reviewed by the Orange County Animal Control Department and found in conformation with XIX of the Animal Control Ordinance. Animal Control has reviewed the site plan and determined it is compliant but they cannot issue final approval until we have a Special Use Permit so that will be a condition of approval. If Animal Control suddenly reviews it and says it doesn’t comply it won’t comply with the standards of the SUP and the SUP will be revoked. Jeffrey Schmitt: That particular item is included with the conditions of approval should this board approve this SUP. Michael Harvey: Section 8.8.11.3 a) Building plans for all kennel facilities shall be reviewed and approved the Director of Animal Control prior to issuance of any building permits. That is a recommended condition of approval as we can’t issue a building permit until we have an SUP. Section 8.8.11.3 A sign clearly visible from the ground shall be posted at the main entrance to the facility and shall contain relevant information detailed in the ordinance. The applicant has indicated in the site plan there will be a sign that is shown on the site plan at the entrance. We are still recommending as a condition of approval that sign has to be erected within 180 days of the SUP being approved if it is approved. Section 8.8.11 3c) Where required by the Animal Control Ordinance a Class II Kennel Permit shall be obtained for the Department of Animal Control within the first 30 days of occupancy. Failure to obtain and maintain a valid Class II permit of other related permits which may be required will result in a revocation of the Special Use Permit. Jeffrey Schmitt: Staff has covered Sections 8.8.11.1 through 8.8.11.3 technical specifications showing that the applicant has met the requirements. MOTION made by Tom Brown to accept the findings on pages 139, 140 and 141, Sections 8.8.11.1 through 8.8.11.3. Dawn Brezina seconded. VOTE: Unanimous Jeffrey Schmitt: We are going to move to page 142 and I am going to close the public hearing. Michael Harvey: Before you close the public hearing, if the board has any questions they need to ask them now but I also need to remind them on page 143 we have recommended eight conditions if you choose to approve it and any other conditions you choose to impose.