Orange County NC Website
Approved 4/2/14 <br />4 <br />Michael Harvey: The staff was asked to provide a visual representation of the property that would meet the 161 <br />appropriate setbacks as currently required. The Easterlins' are proposing this. We wanted to provide the Board with 162 <br />what would comply and what exists. 163 <br /> 164 <br />Michael Brough: What we are making in the memorandum is that while that is an area that complies with the legal 165 <br />requirements assuming the rest of the property was rezoned, there is a substantial portion of that property which 166 <br />does not lend itself to the expansion of the exercise area. (Described map). There is an area they could build an 167 <br />exercise area but that misses the point. From our perspective under the narrow circumstances this addresses, this 168 <br />would be a very expensive proposition. What good does that achieve? It is multiple thousands of dollars. The point 169 <br />of our request is it is a legislative matter when you weigh cost and benefits and the cost of this private business, 170 <br />which serves a great purpose for the County and surrounding areas, is very high and the benefit is virtual non-171 <br />existent in this case. There have not been any complaints by either of the surrounding property owners and they 172 <br />were notified of this amendment. It gets down to this question; those objections are essentially theoretical in context. 173 <br />These properties will not be developed until sewer gets there. When it does get developed, it is hard to imagine this 174 <br />area being developed in any way not a substantially intensive use. You have situation where you have a problem we 175 <br />are trying to solve. We have come up with a solution that works and is narrowly drawn and has no real negative 176 <br />impacts on any but provides a legal and practical solution that we have been trying to solve for years. There is a 177 <br />legitimate distinction between why we are limiting this to EDE-2 when it makes no sense to have 150-foot setback if 178 <br />the adjoining property is not intensively zoned for development or residential development. Those circumstances 179 <br />maybe 150 feet is all right but when you have a situation like this, it makes no sense to have 150-foot setback. 180 <br /> 181 <br />Michael Harvey: This property here is split zoned, this portion is EDE-1 so the 150 foot setback would apply, this 182 <br />portion is zoned EDE-2. 183 <br /> 184 <br />Michael Brough: Years down the road if this property were developed, anybody who moved there would already 185 <br />know what is there. 186 <br /> 187 <br />Paul Guthrie: Where is the current exercise yard? 188 <br /> 189 <br />Michael Brough: In the blue lines. 190 <br /> 191 <br />Paul Guthrie: Is this considered necessary, that space now being used as an exercise yard is clearly smaller than 192 <br />the total area of proposed change so is it the configuration of the terrain of that limits its use or are there other 193 <br />reasons. 194 <br /> 195 <br />Michael Brough: There are buildings there and topographic issues in the lower part of the site that slopes. There is 196 <br />an area that is flat and open. Whether that is one third or one half of that site that could be developed but while you 197 <br />could have some exercise area it is very expensive and you are giving up acres of your site in the northwest corner. 198 <br />There are two elements the costs of pulling down the fence and putting up a new fence and the other element is that 199 <br />the 150 foot setback requires them to give up a substantial amount of property it amounts to acres of lands. 200 <br /> 201 <br />Paul Guthrie: Is this an enlargement or maintaining the same level of animals that are cared for? Will you be 202 <br />increasing or maintaining the same level of animal care? 203 <br /> 204 <br />Michael Brough: The long term plan would be that the property would be consolidated and then divided to segregate 205 <br />out a lot around the existing tower and the rest would be submitted for a special use permit covering all the remaining 206 <br />property and the particular uses at that time would be to have an expansion into the area that would be permissible. 207 <br /> 208 <br />Paul Guthrie: I understand the cost argument but is it necessary to tear down the old fence or will you recycle the old 209 <br />fence? 210 <br /> 211 <br />Michael Brough: I can’t tell you. 212 <br /> 213 <br />Mrs. Easterlin: The cost I gave you was to use the existing fence. 214