BOA minutes 031411 - Laserfiche WebLink

Browse Search

Approved 6/13/2011 OC Board of Adjustment – 3/14/11 Page 33 of 59 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 42 which is available because we have done an alternate site plan would be directly to the east so this home site is directly to the south. They talk about the impact of the noise; the noise is the south and the north. The way the land goes is, my dad’s land is on a crest and drops into a low level and then goes back up to a crest which is the West property so everything kind of drains towards my dad’s property and also the sound carries from high point to high point. The West’s are probably there is no single family residence that my dad was renting there because sometimes people can be noisier that dogs. At some point, he had residents that were less than model citizens so I am sure you had the opportunity to hear discussions because I can actually hear them talk when they are on their property. It is the way the noise carries. I am not opposed to it but whatever you decide it is going to impact it and Mr. Carter was talking about the noise this and the traffic that. I don’t think you can get down to specifics; it is what your expectations are. What your expectations is when you go to the country. You go back to kindergarten, where you saw a country scene with barnyard animals, chickens, cows, and that was your expectations. You don’t go to the country to hear several dogs. My dad, if he was here would say that all he wants is the best and highest use for his property because right now my goal was to move out there and have a house but if I want to move to the country, I want to be around traditional country sounds. I am not going to want to be around dogs. It is great they have done all the sound things but you have to realize these dogs don’t automatically go into the house and stay there. Like when your dog gets out of a car, they are running around and creating barking noise as well. I was just here to say that whatever decision you make will impact that area. It will change it and whether that is for better or worse, that is a direction I will have to once we are making further considerations for our property. That will change it. I do appreciate your time. Tom Brown: Does the applicant have any further testimony? Nick Herman: I have a few comments but not testimony. Gene Poveromo: I do have some conditions if the board is interested in sharing them, I will share them with the board and the applicant. Tom Brown: Are those conditions written? Gene Poveromo: Yes. Tom Brown: Pass them out. Michael Harvey: Mr. Poveromo, are you asking this be Poveromo Exhibit 4? Gene Poveromo: I had it shown as Exhibit 6. Tom Brown: We will consider these as we go forth for consideration. Nick Herman: Remember this is a permitted use, I mean subject to obtaining a Special Use Permit. The good news is that I don’t think anyone objects to it but there are just some concerns and so the effort is to try to address the concerns. Sometimes you have people say I don’t want it at all and that doesn’t seem to be the case here. Be careful what powers you have. You have your own lawyer here. I mean you are not in a position to reform maintenance agreements that are filed with the Orange County Register of Deeds. This whole business about the road in accordance with your ordinance, that road issue is designed to be taken care of by conditions that Michael Harvey will talk to you about, all of which we have agreed to. I would be careful about trying to reform maintenance agreements but while I am at it, the last amendment to this maintenance agreement shows the people who signed it, all the people who signed it but one are people who signed Exhibits A1, A2, A3 agreeing with this. The very people who are party to the maintenance with the exception of one are people who signed these affidavits and letters of support. Another observation, what was useful about Gene’s presentation is that it does show that his beautiful house has an extraordinary amount of foliage and buffering going on there, if you look at that. Even on his side, this is a heavily wooded area and when you turn that corner, there is a whole