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APPROVED 5/10/2010 OC Board of Adjustment – 3/8/2010 Page 84 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 appreciation in value on properties in somewhat similar circumstances within the community although allowed there is no exact measurement or exact circumstance we can compare it to but the appreciation does exist on subsequent sales. James Carter seconded. VOTE: 4 in favor, 1 opposed (David Blankfard) Jeffrey Schmitt: Article 8.2.1, The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located. Mr. Carter, can I look to you for a motion on this one please. MOTION made by James Carter that the location character of the use, if developed according to the plan submitted will be in harmony with the area it is to be located and its use will be in compliance with the general plan for the physical development of the county as adopted by the board. Jeffrey Schmitt: Can you cite some of the specifics regarding Mr. Whitaker’s testimony in relation to the size, character, structure of the building, the fencing, the landscaping provided to shield as much of any of these structures as possible from any traffic on the road or from the neighbors, if you would please. Maybe something in regards to the construction of the building, the insulation and all the factors that they are doing to decrease the level of noise that may come from the building. MOTION made by James Carter that the location and character of the use, if developed according to the plan submitted will be in harmony with the area it is to be located and the use is in compliance with the general plan for the physical development of the county as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. Also, the height of the fence, location and, the additional shrubbery that will be added to the fencing of the property for that area. Also, the acoustics and the sound absorptive ceiling and also the windows. Seconded by David Blankfard. VOTE: Unanimous Jeffrey Schmitt: In accordance to the regulation of the county, the board for the Article 8.2.1 and 8.2.2 has been approved. We now draw your attention to page 143 in our recommendations as addendums to the three findings that are being provided by the planning staff. Do I need to read all these? RECOMMENDATION: The Planning Staff has not received any information that would establish grounds for making a negative finding on the general standards. These standards include maintaining or promoting the public health, safety, and general welfare, maintaining or enhancing the value of contiguous property, and the use being in compliance with the general plan for the physical development of the County. While staff has received numerous complaints from several adjoining property owners concerning the use of this property as a Camp/Retreat center no formal documentation has been submitted indicating that a negative finding should be made regarding this project. The Planning Staff has reviewed the application, the site plan, and all supporting documentation and has found that the applicant does comply with the specific standards and required regulations. Specifically, the submitted site plan shows an encroachment into the required buffer area. While this encroachment can be removed, staff can not make an affirmative finding based on the applicant as submitted. If the applicant agrees to a condition indicating that all encroachments into the buffer area will be removed, and provided the Board of Adjustment finds in the affirmative on the specific and general standards, the Board could make a positive finding on this application. In the event that the Board of Adjustment makes the determination that the permit can be issued, Planning Staff recommends the attachment of the following conditions: (1) That the applicant complete and submit a formal application to the Orange County Inspections Department requesting authorization to commence construction of the proposed kennel facility. The application, including all applicable fees, shall be submitted within one hundred eighty (180) days from the approval of the Special Use Permit. Further, the building permit application shall be reviewed and approved by the Director of Animal Control for compliance with any and all applicable animal control regulations in accordance with the provisions of Section 8.8.11.3 of the Zoning Ordinance,