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No.Page(s)Agenda Item <br />5.19-114 A-5-14–Appeal of a Revised Determination made by the Zoning <br />Officer submitted by Adrian Carter, Robert Nicholas, John Gallagher, <br />Kathleen Erickson, Heron Pond Subdivision homeowners, ETAL: <br />In accordance with the provisions of the Orange County UDO, the <br />applicant(s) have appealed a decision of the Zoning Officer related to the <br />rescinding of a Notice of Violation associated with the purported operation <br />of a shooting range. <br />The County issued a Notice of Violation (NOV) on April 29, 2013 over the <br />discharge of firearms on a 34 acre undevelopedparcel of property <br />identified utilizing Orange County Parcel Identification Number (PIN) <br />9747-86-5920owned by Mr. William Klein. <br />The Notice of Violation was rescinded in February 2014 due to lack of <br />credible evidence as well as a review of recent courtcases. The letter <br />rescinding the NOV informed Mr. Klein staff would continue to investigate <br />the matter and reserved the right to re-initiate the enforcement effort. <br />The applicant(s) allege staff erred when rescinding the NOV citing seven <br />specific determinations as follows: <br />1)There is no ‘firing range’ operating from Bingham Woods Mobile <br />Home Park property. <br />2)Discharging firearms by [the] property owner and family was a <br />customary accessory use. <br />3)There is currently no ‘principal use’ on the undeveloped 34 acre <br />parcel. <br />4)The [April 29, 2013] NOV is hereby rescinded. <br />5)The NOV was ambiguous in that it made mention only of <br />[proposed] operations but failed to give clear and complete <br />allegation of the violation. <br />6)The NOV made no conclusion on whether a non-profit recreational <br />use existed at this location, which is required for such a <br />determination to be made. <br />7)Other than the discharge of firearms by residents and guests, the <br />NOV alleged no facts on which to base a conclusion that a non- <br />profit recreation use existed. <br />6.ADJOURNMENT <br />IF UNABLE TO ATTEND THIS MEETING, PLEASE CALL THE PLANNING DEPARTMENT (NUMBERS <br />LISTED BELOW –PRESS 1 PLUS EXTENSION 2575 OR 2585).STAFF CAN THEN DETERMINE IF A <br />QUORUM WILL BE PRESENT FOR THE MEETING. <br />HILLSBOROUGH -732-8181MEBANE -227-2031 <br />CHAPEL HILL -967-9251DURHAM -688-7331