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Approved 6/13/2011 OC Board of Adjustment – 3/14/11 Page 42 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 road would look like. Number 4 is pretty obvious; I explained that during my PowerPoint. You have talked about maintenance. You talked limiting the number of animals. We talked about the outdoor runs. The idea of having the owner or operator reside on the premises as I know this applicant is doing but if they sell the property. Can they sell the property and have someone else …. Thank you for clarifying that. Tom Brown: Mr. Harvey can give you staff’s opinion but as far as our knowledge, it does not run with the property. Michael Harvey: Special Use permits run with the property. Tom Brown: I am mistaken. Michael Harvey: However the applicant’s testimony is that they will be residing there to maintain it and take care of the animals. Tom Brown: Could you clarify that and say that the SUP does run with the property but if you sell it that special use permit does not go with the new owner. Michael Harvey: The special use permit like any other permit on any parcel of property goes from new owner to new owner to new owner so if Mr. West sells me the property, I could operate a kennel. Mark Micol: Is there a timeframe. Michael Harvey: The ordinance establishes a timeline and one of the reasons we don’t include it is if you note from the SUP they are required and obligated to maintain compliance with the applicable standards with the Orange County Zoning and Subdivision Ordinance. If a special use permit as defined within the ordinance says if a special use ceases for 12 months it could not be re-established without coming back through this process. Tom Brown: I am sorry, the hour is getting late. Gene Poveromo: I guess the concern I have is there is some advantage to having the person who operates the kennel to live on site because they maintain it, if there is a concern with noise, we can go over and talk to them. I don’t think there is anything that would prohibit them from, after getting the permit, selling their property and I could live in the house and have someone else operate the kennel who doesn’t reside on the property so that is a concern. Again, the advantage of having the owner/operator live on the property is there will be more control over what goes on and a lot easier to get in touch with the person so that is why number 8 was there. We talked about fencing. We talked about landscape buffers. I would like to ask Michael if the site plan showing the septic system in the location shown, if they need to approve it in a different location, is that modification of the special use permit that comes back to this board? If it is not, I would like to see a condition that specifies that it be located there on that property. I have a concern that they cannot get approval and they will put a septic system that is in the upper northeast corner of the property which is adjacent to the back of our site. I like where it is being proposed, I would like to see it go there. Michael Harvey: According 8.7.1 of the Orange County Zoning Ordinance and I will also stipulate again, and I know it is getting late, but I want to make sure it is on the record, this is the same language detailed with in the proposed special use permit. Any change in the location of existing infrastructure including water, septic and storm water drainage facilities which would provide a different level of service would constitute a modification necessitating this Board's approval. If the septic area is moved on the property, if the applicant takes down existing designated open space, or removes existing open space, as shown on the plat which you are approving, in my mind that is a modification and would have to come back before the board.