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BOA minutes 031411
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BOA minutes 031411
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3/26/2018 9:19:14 AM
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BOCC
Date
3/14/2011
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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BOA agenda 031411
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\Advisory Boards and Commissions - Active\Orange County Board of Adjustment\Agendas\2011
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Approved 6/13/2011 <br />OC Board of Adjustment – 3/14/11 Page 27 of 59 <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 />maintain or enhance the value of our property or the history of this land. The next thing I would like to talk about is <br />access road design and maintenance. For orientation, here is Old Greensboro Road. Again, the applicant is <br />proposing to use this 1,300 foot long road for access to their site. There are three questions I believe to be <br />discussed and considered. One is the use of an offsite, private residential roadway for commercial activity <br />appropriate or allowed. What are the impacts of the proposed 20 foot wide gravel road way and who is <br />responsible for maintaining a 20 foot wide commercial road. Let me orient folks to the relationship of the road to <br />our front yard. This photo is looking directly at our home, Old Greensboro Road, is about 1,000 feet to the south. <br />Fork to the right is our driveway; fork to the left is a continuation of the access road to the kennel. Here is a grape <br />harbor that is on our property and is mentioned in one of the notes. <br />Someone in the audience: On your property? Why don’t you correct that? <br />Gene Poveromo: Thank you. Here is a grape harbor that is adjacent to our property. Let me go back and clarify. <br />Here is the property line and there is the grape harbor. As Chuck points out, it is on this property here so he is <br />correct, it is not on our property but we enjoy the area so we feel, legally it is not on our property but it is our side <br />yard. I appreciate that clarification. This next photo reveals the visual and geographical relationship between a <br />portion of the access road and our front door. This view was taken from our front yard looking south onto the <br />access road. The point where the road disappears in the background is about 400 feet north of Old Greensboro <br />Highway. The field on the right portion of the road extending to the tree line is a portion of our property. To the <br />right and foreground is our immediate driveway. This photo reveals that approximately 500 feet of the access <br />road approaches our front yard to the front door to our home in a direct line. I am troubled by the impact of adding <br />commercial vehicular trips practically in our front yard traveling back and forth along this prominent… This next <br />photo represents existing conditions adjacent to our property line so this road is approximately 300 feet whereas <br />the last photo was taken looking south. This photo is looking due west at the point where the access road in our <br />driveway fork. In the background where the image disappears, this is the entrance to the kennel site. Again, here <br />is the grape harbor. What is striking about this photo is it is with the last immediate proximity of this access road <br />to our side yard. The photo offers a good fill of the narrow, secluded, established vegetation along both sides of <br />the road. With this orientation in mind, let me return to my first section. Is the use of an offsite private residential <br />road for commercial activity appropriate or allowed? The next few images, I will take us down the road as you <br />come off Old Greensboro Highway. This is starting on Old Greensboro Highway. This is a narrow 12 foot wide, it <br />is a quiet, residential road. Portions of the lane are lined with large trees and fenced roads. It provides access to <br />11 residential sites. Our home is located approximately another 700 feet down the road. In the middle of the <br />photo to the right is another road that provides access to 11 of the 6 homes. This access is subject to a <br />maintenance agreement that encumbers property owners who use the road. I would like to enter this into the <br />record. I think my wife has enough copies for the board members and a few extra copies to share. We are <br />handing out an easement and road maintenance agreement. <br />Michael Harvey: Is it your intention that this is your Exhibit 2 and your PowerPoint is Exhibit 1? <br />Gene Poveromo: It is my intention, yes. Some of my concerns is that this proposed access road is not located on <br />the applicant’s property, it doesn’t appear commercial use was anticipated in the easement. It is a very long <br />access. The facility will not be visible from the roadway. Signage is not allowed on Old Greensboro Highway and <br />it is unlike other kennels that I have looked at in the county so when this application came to my attention, I went <br />out and drove around the county to survey some other kennels and what I have discovered is that they are almost <br />always immediately visible from the public street. The access between the access street and the facility is located <br />on the same property and the access drive to the facility is short. These photos are examples of kennels we have <br />looked at. My conclusion is this roadway was not intended or constructed for this type of use. The maintenance <br />agreement was intended to serve rural, residential activities and does not contemplate commercial use. The <br />kennel location is not similar to what is commonly found in other kennels in the area. If we set those issues to the <br />side a minute, the next question becomes, what are the impacts of a proposed 20 foot wide gravel roadway? <br />Here is the view from the south side of the property. Again, we greatly appreciate your intent to protect the grape
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