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Approved 6/13/2011 OC Board of Adjustment – 3/14/11 Page 2 of 59 1 The following individuals were sworn in: 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 Gene Poveromo Chad E. Abbott Noral D. Stewart Nick Herman Judy Van Wyk Thomas C. West Delois C. West Vic Knight Frank S. Williams 5. A-6-10 – Class II Kennel - Canine Boarding Facility Michael Harvey: I am going to go over the abstract. I reserve the right at the close of the hearing to review staff’s recommendation as articulated in Attachment 4 of your abstract, Findings of Fact sheet, and staff’s various responses to the questions we are required to answer for the board’s satisfaction. Then the board will need to make findings on the three general requirements as contained within Section 8.2.4, subsection B1, 2 and 3 concerning the proposed land uses compliance with the Comprehensive Plan, if the land use will maintain or enhance adjacent property values as is consistent with local zoning regulations. You have a revised site plan to include a new note indicating that an existing gravel access road from Old Greensboro will be increased to 20 feet in width as required by the Fire Marshal. You may recall from the original packet in December there was a concern from the Fire Marshal that access to the facility would not be practical and the 12-foot wide travelway and its original recommendation was to deny the applicant. The applicant has revised the site plan to address the Fire Marshal’s concerns and you will note in Attachment 3, there is a revised memorandum from the Fire Marshal indicating he no longer has the concern. We are here tonight because Mr. and Mrs. West came to the county to propose a boarding operation of canines and as we talk within our abstract, specifically beginning on page 43, when you begin to look at how Orange County defines a Class II kennel, it is an establishment involving animals of any specifies, excluding domesticated livestock engaged in any of the following and that is the owner keeping it for any purpose 20 or more dogs with selling and/or training of guard dogs or security dogs and the keeping of more than five animals at any given time for the purpose of breeding, boarding or rehabilitation. As the West’s intent to board animals and they will have more than five dogs, it was staff’s determination they had to apply for a Class B Special Use Permit. I am not going to go through the various standards they have to adhere to but I will point out a couple of things in my abstract that I want the board to keep in mind. There are specific standards of evaluation that we, staff and ultimately the Board of Adjustment are required to go through and they are articulated in Section 8.8.11.2 and 8.8.11.3 of the ordinance and those are that the size is of adequate size to protect adjacent properties from adverse effects of the kennel or riding stable/academy. No part of any building, structure, runway or riding arena which animals are housed or exercised shall be closer than 150 feet from the property line. Any kennel which is not wholly enclosed within a building shall be enclosed by a security fence of at least six feet in height. The site plan shows parking, access areas and screening devices for buildings and animal boarding facilities. The Site Plan shall be reviewed by the Orange County Animal Control Department and found to be in conformance with their regulations. The building plans for all kennel facilities shall be reviewed and approved by the Director of Animal Control. That a sign be established and posted on the property providing the names, addresses, and telephone number where persons responsible for the facility may be contacted. When required by the Animal Control Ordinance they may be required to obtain the necessary application within 30 days of occupancy. We have provided general answers to these questions that I will go over but one concern I wanted to bring to the board’s attention is that when we review the findings of fact and I know the applicant will address it as well, and it is already addressed on their site plan. On page 48, staff has a statement near the bottom of the page, “As previously indicated staff is unsure of how to address the Fire Marshal’s concerns or even if they could even be addressed. Staff recommends that the applicant be allowed to address this concern during the hearing. This is referring to the access road getting to the site. You will note from the note on the Site Plan which the Fire Marshal has indicated he supports is the road accessing the site from Old Greensboro may have to be field