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APPROVED 5/10/2010 OC Board of Adjustment – 3/8/2010 Page 86 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 43 44 45 46 47 48 49 50 51 52 Tom Brown: Council stated that Mr. Lonsway intended to construct Phase I and Phase II concurrently as one construction, can we add that, legitimately based on that testimony as a condition. John Roberts: You can add conditions to the Special Use Permit. Jeffrey Schmitt: I don’t know if we can tell a person how to construct their business. I don’t think we can do that. John Roberts: You can add conditions to the Special Use Permit. Tom Brown: He made the statement that was his intention and he was going to do Phase I and Phase II then that, to me indicates that you have a coherent plan. Dawn Brezina: This would make a substantial difference in the amount of noise. You don’t think we can. Jeffrey Schmitt: If he meets the requirements of when he begins construction in regards to this, us telling him how fast he needs to proceeds or whether or not per specifications as to whether or not he builds it today or tomorrow or the next day, I feel uncomfortable. John Roberts: Just as a point, you can add conditions, this would be similar to adding a condition of acoustic controls. You can add conditions to the Special Use Permit. Nick Herman: There is no objection to building concurrently Phase I and Phase II. Jeffrey Schmitt: Tom, have you got suggested wording for that? Tom Brown: Yes. Condition number 10. The construction of the Class II kennel, Phases I and II will progress concurrently. Dawn Brezina: Being limited to 20 dogs, is that already in there. Jeffrey Schmitt: That is inherent in the midst of this stuff because if he goes above 20 dogs, then the septic system doesn’t work for him at that point. I am going to get a vote on these footnotes to the Section 8.2.1. I have read items one through eight and we have added two items in regards to that, do I hear a motion for the approval for these to be attached as conditions to the SUP. MOTION made by David Blankfard to add these 10 amendments to the conditions of the SUP. Seconded by Tom Brown. VOTE: Unanimous Jeffrey Schmitt: Mr. Lonsway, the Board of Orange County Adjustment grants you your Special Use Permit for the construction of your kennel. 5. Adjournment 42 MOTION: Dawn Brezina moved to adjourn the meeting. Seconded by James Carter. VOTE: Unanimous The meeting was adjourned at approximately 11:15 p.m. Tina Owen, Minutes Preparer