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APPROVED 5/10/2010 OC Board of Adjustment – 3/8/2010 Page 81 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 Tom Brown: You made a comment on the storage area not housing animals, if that storage area ever did house an animal, what impact would that have one the Special Use Permit. Michael Harvey: It would technically invalidate the permit and Mr. Lonsway would have to abandon the use of the storage shed for the housing of animals. If he did not, we would revoke the Special Use Permit. Tom Brown: Would that same methodology apply to all major changes that they would potentially want to make to the Special Use Permit, must they come back? Michael Harvey: Per Section 8.7 of the Orange County Zoning Ordinance, we define what constitutes a minor or major change or modification. A minor change is something that can be approved by staff; there are 9 to 12 different criteria. To boil it down to its basic bare essentials, any modification of the condition, any modification of a requirement or any increase in use above and beyond what was testified during the hearing constitutes a modification requiring a Special Use Permit resubmitted, application to be resubmitted and the governing body to review and approve. The example I will give you is that if Mr. Lonsway decides to increase his number of dogs to 21, as it has been testified to, he is limiting it to 20 and the Health Department permit says he is limited to 20 and to go to 21 requires this board to re-review and determine if they want to allow that to occur. Jeffrey Schmitt: Other questions by the board of staff. Close the public hearing. Let me begin by thanking all of you folks for coming. Thank you for your time and efforts in regards to this. This has been a very long process. I appreciate all the input you have provided. The board will now deliberate and I am going to bring everybody’s attention to page 142 and the three articles that have been mentioned by both the applicant and the defendant and the neighbors. We have to go through each one of these, and I will ask for a motion for approval or disapproval. It depends on who makes the motion in the midst of this and when we do this, we will need to make sure we include references to the expert testimony and to the testimony provided by staff with the technical specifications that substantiate or do not substantiate all these articles we have here. The first one is 8.2.1 and 8.2.2. The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted. Tom Brown: While we are going through this, I know at least some of this I might want to have a little discussion among the board to make sure we can have a consensus on what we think the definition on certain areas might be. Jeffrey Schmitt: We can do that and we have council here to help us do that. Mr. Brown has brought the issue up, are there questions that any board members have from a definitional perspective. Anything that is included in the first article? Tom, I assume you did since you brought it up? Tom Brown: No, mine is on the second one. Jeffrey Schmitt: We are going to have clarification from the council on the second one before we even start. MOTION made by Tom Brown to accept Article 8.2.1 and 8.2.2 that the Class II Kennel will maintain or promote the public health and safety and general welfare if located where proposed and developed and operated according to the plan as submitted with the relevant findings of fact that we have the Orange County Animal Control will provide licensing and ensure the appropriate regulations are followed for the use and operation of the kennel That the kennel will be served by a dedicated waste water system also approved by Orange County Health Department. That the Sheriff’s department has stated in writing that the law enforcement services can be provided to maintain and promote health within the community. That the emergency services will be able to provide fire and emergency services in the area and the additional correspondence from NCDOT that they can support the addition of the driveway to support the kennel. David Blankfard seconded. VOTE: Unanimous