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Approved 3/14/2011 <br /> <br />OC Board of Adjustment – 11/8/2010 Page 10 of 43 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />50 <br />51 <br />Larry Wright: Please note at the top of page 116, “Class II Kennel”. <br />Michael Harvey: On page 116, Section 8.8.21.1 Subsection C, Plans and elevation for all purposed and existing <br />structures. Mr. Chairman, I am going to make a finding of Yes with a condition that I will review later. We have heard <br />no evidence or been provided no evidence that would lead staff to make a negative finding of any of the items on page <br />116. <br /> <br />Michael Harvey: I would ask that you consider renumbering recommendations number 7 and 8 after the following <br />conditions are discussions and adhered to, I have three or four additional conditions I would like to recommend. <br /> <br />7) The applicant, within 60 days, would submit a revised impact study completed by Mr. Knight correcting the error <br />identified by the staff and Board of Adjustment correcting the misidentification of the proposed used of the <br />property (i.e. Class II Kennel). <br /> <br />8) Submission of the detail for the facilities developed on this property that as part of the building permit <br />application, the applicant, based on his testimony, submit sufficient detail renderings including the color and <br />nature of all proposed exterior materials to be utilized for all structures on the property for review and approval <br />by the planning staff to ensure compliance with submitted testimony that the facility would be consistent with <br />those buildings and facilities at the Exchange Club. <br /> <br />9) As part of the driveway permit for the North Carolina Department of Transportation, that Mr. Andrews work with <br />the county and DOT to include directional signs allotting entrance and exit to the facility. <br /> <br />10) Facility to comply to all applicable noise standards as enforced by the Orange County Sheriff’s Department <br />regarding any amplified voices or other disturbances on the property. <br /> <br />Michael Harvey: Mr. Chairman, if those conditions are imposed, Staff’s recommendation is to approve as modified. <br /> <br />Thomas Brown: On item 8, were you intending that to include 8.8.21.1.c and 8.8.2.21.1.d? <br /> <br />Michael Harvey: Yes sir. I will be happy to answer any more questions from the board reminding the board that once <br />you close the public hearing, you are not allowed to ask questions of the applicant or staff. You are deliberating. <br /> <br />Larry Wright: On page 97, from Mr. Konsler, the health department, the facility would be prohibited from any form of <br />food handling or food preparation on the site so the concession stand would have to be packaged food because there <br />would be no way to sanitize this with soap and water? <br /> <br />Michael Harvey: Yes. <br /> <br />Larry Wright: I go up and down 86 and I see people in their homes and they just have fish fries out there so what <br />would happen if a team wanted to have a neighborhood party? This has been a property historically that seems like <br />the neighborhood has moved in and when there is people that wanted to get together to play ball or whatever they did <br />so what would happen if they set up a fish fry? <br /> <br />Michael Harvey: Dr. Wright, if at the conclusion of the game, teams wanted to have a fish fry for consumption by the <br />local residents or the local people playing there, it would be my assertion that they would have to obtain approval from <br />the health department for the apparatus to be used as part of that activity and they would have to, as we have done in <br />other instances, sign waivers and statements that absolve the health department from all liability. What can’t happen <br />is Mr. Andrews cannot be preparing food at the concession stand for sale without going through an appropriate <br />process in order to ensure there is adequate septic and/or sewage capacity. If they voluntarily decide to do something <br />where they understand the risks and have approval from the health department for the facility they are proposing and <br />it is not selling to the general public or inviting the general public onto to the property to buy it then I think it would be