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Approved 4/2/14 <br />5 <br /> 215 <br />Michael Brough: We have a cost estimate here that comes to $55,000. 216 <br /> 217 <br />Craig Benedict: I will make some general comments as you deliberate on a legislative decision to change the 218 <br />aspects of a zoning district EDE-2. If it is a general problem, you can address things generally. As a companion to 219 <br />that if it a specific issue, try to address the problem specifically or isolated. Another moral (standard) is each zoning 220 <br />districts has uses that are permitted by right. That is what the Planning Board and BOCC have determined that those 221 <br />are the most appropriate uses that permitted by right. Those are the ones that are anchors of a zoning district. 222 <br />Special uses do not have the same standing in a zoning district as a use permitted by right. Before you change 223 <br />regulations, is there a way to change how things are operated or change location of buildings. Also, if you make a 224 <br />change in this zoning district, could it ever be used to justify changes in another zoning district? The last thing is that 225 <br />we do not base regulation changes based on what the land is on now; we based it on what the land is zoned or what 226 <br />the future land use is. 227 <br /> 228 <br />Lisa Stuckey: Under this proposed text amendment, would the fence still need to be at least 25 feet from the 229 <br />property line? 230 <br /> 231 <br />Michael Harvey: If this is approved, yes. 232 <br /> 233 <br />Lisa Stuckey: So the fence has to be moved. 234 <br /> 235 <br />Michael Harvey: The fence has to be moved or the Easterlins' will have to purchase additional property to make it 236 <br />comply with the 25-foot setback. 237 <br /> 238 <br />Lisa Stuckey: The wording doesn’t permit it to be close on the property line but always 25 feet. 239 <br /> 240 <br />Michael Harvey: When it is adjacent to property zoned EDE-2 the setback will be 25 feet. 241 <br /> 242 <br />Herman Staats: The blue line is the current fence; the black line is the setback in compliance. 243 <br /> 244 <br />Michael Harvey: The special use permit approved recognizing these structures as being part of the dog kennel 245 <br />operation approved in 1986. It is the dog runs that create the problem. 246 <br /> 247 <br />Herman Staats: The setback refers to outside use or any use. 248 <br /> 249 <br />Michael Harvey: The ordinance states that the 150-foot applies to all buildings and outdoors exercise areas. There 250 <br />was obviously a different interpretation in 1986. The rule does allow for the 150-foot setback to be waived if portions 251 <br />where animals are housed are completely enclosed in the building. The interpretation that we have utilized since I 252 <br />began work with the County in 2005 says that if all portions of the facility are in a building, no outdoor area at all , then 253 <br />the 150 rule does not apply. 254 <br /> 255 <br />Tony Blake: So technically he is not in compliance. 256 <br /> 257 <br />Michael Harvey: I am not going to say this is non-conforming because I have a special use permit and approval that 258 <br />says otherwise. 259 <br /> 260 <br />Buddy Hartley: The only place the animals are housed is in the original spot? 261 <br /> 262 <br />Michael Brough: The blue box with white areas is like portable carports. 263 <br /> 264 <br />Buddy Hartley: I am familiar with the area. You have more area for dog runs in the black box. 265 <br /> 266 <br />Michael Brough: There is area there but the problem is that it will cost thousands of dollars to do it. As you have 267 <br />already pointed out, you have got buildings well within the 150-foot setback. 268