Orange County NC Website
Approved 6/13/2011 <br />OC Board of Adjustment – 3/14/11 Page 37 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 /> <br />Michael Harvey: Mr. Chairman, unless there are any other questions by the board members, the applicant or <br />anyone else, I would like to go through Attachment 4. <br />Larry Wright: Michael, I hate to say this but you were talking in terms of the landscape and you said mirror 8 and <br />9, what is 8 and 9? <br />Michael Harvey: General notes on the site plan first page, 8 and 9. My only comment was that if you believe <br />those two notes satisfy your concern regarding the landscape plan then the site plan, if approved by this board, <br />will dictate the development of the site as well as all conditions. You could conceivably just state that a landscape <br />plan will be submitted consistent with the notes on the site plan or if you can actually, if you want to get specific, I <br />would recommend that you ask that numbers 8 and 9 be combined into a condition if you are so inclined. <br />Tom Brown: Before we get started, Mr. Herman, we did not hear any discussion on hours of operation at all. Was <br />there any intent of stating hours of operation of the kennel? <br />Nick Herman: You are right that there was no discussion. Let me throw something out so he can respond to it. <br />Let’s take what Gene said, when people come and deliver a dog and pickup, what if you limit it. If you came not <br />earlier than 7:00 AM and not later than 7:00PM in the evening. Yes, you could have a problem with that. That <br />would prevent someone from driving someone to pick up a dog at 7:15 PM or 6:45 AM. He doesn’t seem to have <br />a problem with the 7:00 AM to 7:00 PM time. <br />Tom Brown: I was looking at Mr. Poveromo. <br />Nick Herman: He may have suggested that. <br />Tom Brown: He was looking at 8:00 AM to 5:00 PM like standard hours. I think that is something, we as a board, <br />would need to think about going forward. It is not a blanket 24 hour a day operation. <br />Nick Herman: Exactly. <br />Tom Brown: There needs to be some restriction. <br />Nick Herman: We would propose that, I mean, 5:00 PM makes sense with one exception. Some people get off <br />work at 5:00 PM so that is difficult so if you do 7:00 AM to 7:00 PM that is to accommodate someone like me who <br />works like you guys. <br />Michael Harvey: I am going to call your attention to Attachment 4 beginning on page 135. As a reminder to the <br />board, staff will quickly go through how it reached its decision and the evidence, then I will address a comment I <br />made at the onset of this meeting concerning the site plan. Without further ado, I will pause to make sure there <br />are no questions and obviously I would suggest that once I complete my assessment and discuss conditions, that <br />we pause and allow the applicant and any other party to address the board and have that opportunity. <br />Beginning on page 136, I am required to make a finding that the applicant has complied with the provisions of 8.6 <br />and 8.8 concerning the submittal of the application for a Class B Special Use permit. Specifically that the <br />application was submitted on the appropriate form as required by 8.6. Section 8.8a, that 10 copies of the site plan <br />were prepared by a registered land surveyor. 8.8b, that elevations for the proposed structure were provided. <br />8.8c, that ten copies of the Environmental Assessment and Environmental Statement if required are submitted. <br />8.8d that a fee was paid. Mr. Chairman, I have made an affirmative finding in Section 8.6 that the applicant did <br />complete an application on the appropriate form as required by the ordinance, that he did submit the 10 copies of <br />the site plan prepared by Summit Engineering as required by 8.8a. That the site plan did contain elevations of the