Orange County NC Website
Approved 4/2/14 <br />8 <br /> 377 <br />Lisa Stuckey: We have two options in terms of proposed changes. Doesn’t anyone want to move on Attachment 2 378 <br />or if we are going to consider this would it be Attachment 3? I would like to get Attachment 2 off the table if this is not 379 <br />a viable option. We are taking Attachment 2 off the table. Attachment 2 was what Mr. Brough had written. 380 <br />Attachment 3 language is what Michael Harvey wrote. Is there anyone who would like to make a motion? 381 <br /> 382 <br />Craig Benedict: Attachment 3 is to approve the change. 383 <br /> 384 <br />James Lea: This would apply to all Class 2 kennels? 385 <br /> 386 <br />Michael Harvey: This only impacts kennels potentially in the EDE-2. When you have an EDE-2 and you want to put 387 <br />a kennel on it, it if surrounded by EDE-2 zoning, the setback is 25 feet. 388 <br /> 389 <br />Paul Guthrie: Is the recommendation of the staff that we vote no on that? 390 <br /> 391 <br />Michael Harvey: Our recommendation is to deny the request. If you are going to approve it, use the language in 392 <br />Attachment 3. 393 <br /> 394 MOTION by Andrea Rohrbacher not to adopt the change. Seconded by Johnny Randall. 395 VOTE: 6 Yes 2 No (Paul Guthrie, Tony Blake). 396 <br /> 397 <br />Mr. Easterlin: We serviced 100,000 dogs in the last seven years. Someone has to take care of those dogs and we 398 <br />have to have room to do it. We are not going to have dogs we cannot let out. I want you to understand we have 399 <br />really done a job. My wife goes to work at 7:00 a.m. I just can’t understand why when we take care of these 400 <br />animals. 401 <br /> 402 <br />Lisa Stuckey: It is clear we were all struggling with this. We make a recommendation and the final decision is made 403 <br />by the BOCC. 404 <br /> 405 <br />Craig Benedict: If you are voting on something, it shouldn’t be about one person’s property. That is why we have 406 <br />such odd feelings. I tried to separate what is on the ground to what the general rules of decision-making are by 407 <br />legislative bodies so it doesn’t reduce itself. 408 <br /> 409 <br />Paul Guthrie: I appreciate your comments but the legislative procedure is both. It is matters of policy and impact and 410 <br />the decision made in committees and every place I have been involved, both apply. When we come to a decision to 411 <br />vote for or against a recommendation, it is a balancing act. 412 <br /> 413 <br />Tony Blake: We lack the tools to make the right decision. It was all or nothing. In this case, I think their argument is 414 <br />on but the problem is we can’t make specific exceptions. We need the ability to do that. 415 <br /> 416 <br />Michael Harvey: With all due respect, that is not this Board’s role and function. That is the function of the Board of 417 <br />Adjustment. 418 <br /> 419 <br />Tony Blake: They were denied that avenue. 420 <br /> 421 <br />Michael Harvey: They were not denied anything; even their own attorney admitted it was not viable. 422 <br /> 423 <br />Lisa Stuckey: Maybe it should be. Maybe under these circumstances these people should have the opportunity to 424 <br />continue their business but no one after them. If the business is sold, etc. I can see a situation where that area was 425 <br />filling in and developing and someone wanting to put in a restaurant there and then those dogs would be a problem. 426 <br />What do you do? 427 <br /> 428 <br />Tony Blake: We do allow a use to exist that has existed prior to the zoning change and it seems that it existed prior. 429 <br /> 430