Orange County NC Website
Approved 11/14/2011 <br /> <br />OC Board of Adjustment – 6/13/2011 Page 10 of 44 <br /> <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 />48 <br />49 <br />50 <br />51 <br />52 <br />53 <br />54 <br />promote the public health, safety and general welfare. On the second point, Article 8.2.1b.2 “The use will maintain or enhance <br />the value of contiguous property”. Trying to accurately set property values is extremely difficult. Anyone can go out and find <br />examples to support either case. I think as one of the people speaking later will speak to is part of the issue, if there is a party <br />barn, whatever impact on value around there, it is not a party barn so I don’t think there would be an accurate reflection of <br />property values, but if it were to be granted, the revised SUP, the property is not so much the property values, but real estate <br />agents would have to disclose the material fact, there is a party barn, contiguous in proximity to the Maple View neighborhood <br />and that would probably impact the pool of potential buyers that would want to live on a rural five acre piece of land with a <br />party barn down the road. I think, from a personal perspective, we have had the music there so loud, we can hear it when the <br />doors and windows are closed and that is just way above the threshold of what is reasonable. I think if we had to buy a house <br />out there today and this SUP went through, we wouldn’t want property like that next to a party barn. The final point on the <br />Orange County Ordinances, “the location and character of the use will be in harmony with the area in which it is to be located.” <br />Again, we have said numerous times, the educational component is totally in harmony, it is a great idea. It is something that <br />is now out there and we think it is an important part of the community and we appreciate the Nutters for having this farm. But I <br />think to turn it into something that would be a party barn is not in character with the area. Right now there are only farms and <br />residential areas and the country store around there. The Triangle Land Conservatory has properties adjacent to some of that <br />land. Again, cars coming in and out at night with headlights, noise, people drinking, the carrying of the sound as they are <br />adjacent to the ag center and there has already been, with the increased public presence, there has been a couple of <br />incidences of vandalism, which I don’t think ever happened before. From that perspective, we don’t believe that turning it into <br />a party barn is going to be in harmony with the area in which it will be located. I would also like to show, as the last point, <br />appendix 7, starting on page 20. These are Google earth maps, same scale, of the various other party houses and just to <br />emphasize again, for us it is a proximity issue. If you look on page 20, that is the ag center with the thumb tack on it and you <br />can see the pond, our property is right across. If you look at the next one, the Rock Quarry Farm. They have a working <br />quarry right across the road, that is not too residential and it is surrounded by acres and acres of wooded land. If you look at <br />the barn at Valhalla, again, that is surrounded by acres and acres of land and the only property there is Duffy’s property. <br />There is also the Rigmore House. You can look there and see it is well of the road and there is no other properties adjacent <br />but acres and acres of wooded land surrounding it. Then the Snipes Farm Retreat which is probably closest to our situation <br />but even if you look at the distance it is significantly further away from the closest residential area. We believe that the current <br />existing SUP is a great thing for the community and an asset to the community and we appreciate the Nutters moving with <br />that. We believe that the amendment they are asking for will not be consistent with the Orange County Ordinances that I have <br />previously discussed. <br /> <br />David Pearsall: I have been sworn in. I live at 6515 Green Wise Road. I have lived there since 2005. I am the furthest of the <br />neighbors from the ag center. I want to start by saying that I am really torn even to be up here because I really think highly of <br />the Nutters. I know Bob and Chris personally. Bob has brought me vegetables to my house. My kid, my oldest, is five years <br />old and just graduated from Grady Brown, has been to the ag center, loves it, loves the events, and loves the presentation put <br />on by Allison. I don’t have anything against an ag center but I am raising three young children. I am out in the country and <br />what I have to do is be neighbors to everybody and these are my closest neighbors and the numbers two, three, four and five, <br />are the ones closest to pond. If I can hear the music in six, they can hear the music a lot louder up on those other houses on <br />the same street. We share a common pond; the line goes through the middle. I happen to be in the business of insurance <br />and liability issues obviously come up when you speak of alcohol and parties. I have no problems with the ag center, again, I <br />love it. The hayrides are wonderful. That is why I moved to the country to be close to the farm. I think the farm is awesome <br />but I didn’t move to a party center and I am asking you how you would feel if people were having parties unannounced, if you <br />didn’t know, in your backyard. That is what I was thinking about when I thought about our neighbors that are closest to that <br />and also if someone were to go into that pond, the liability issues that could arise because we do share the pond and we have <br />had conversations with Bob and Chris on that regard and they have been positive and we have worked around that. If this <br />was a hearing just on the Nutters, I think that would be wonderful, I mean, I would speak on their behalf and I could easily be <br />sitting on the other side of this equation but I have looked at the neighbors and where they are as far as on the pond and the <br />noise that would be at the party center. They should have the right to do what they want on their land until it affects others <br />and if it is affecting others and it is in your back yard, then I think you need to pay attention to that. <br /> <br />David Rooks: That is the official presentation from the Homeowner’s Association. I would move the introduction of the map <br />and the introduction of the information package that has already been distributed. I think those would be exhibits 1 and 2. I <br />believe there are other folks who would like to speak in opposition. <br />