Agenda - 08-21-2001-9a - Laserfiche WebLink

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The proposed use must be found to comply with these general conditions Analysis of the General conditions In order for the Board of County Commissioners to grant a SpecialUse Permit for the proposed Bed & Breakfast it must find, in part, that "The use will maintain or enhance the value of contiguous property." To determine if the proposed Bed &c Breakfast meets this condition, the conditionmust first be evaluated. Like most, the Orange County Zoning Ordinance does not offer specific definitions for the key words in this condition. For most of these terms a simple dictionary definition seems appropriate and applicable. However, the dictionary definition for the term `tiralue" does not seem appropriate or applicable because it fails to describe the unique nature of the term "value" as it applies to real estate. Atypical definition for "value" would include: "the amount of money or other commodity or service etc, considered to be equivalent to something else or for which a thing can be exchanged." Because a more applicable definition for the term "value" was deemed necessary, thetextbook NORTH CAROLINA REAL ESTATE i+OR BROKERS AND ALESMEN was consulted. According to this textbook the term "value"may be generally defined as "the quantity of one commodity that can be obtained in exchange for another." However, this value-in-exchange concept is only one side of the coin. The other side is the value-in-use concept which is based oq the productivity of an economic good to its owner-user. THE LAN ll GE OF REAL ESTATE APPRAISA refers to this as "user value" and defines the term, in part, as "the value of a property or space to a specific user. Sometimes more particularly the value of a property designed or adopted to fit the specific requirements of the user." In terms of residential development, the "user value" may simply be the value the owner places on their property as it is used or expected to be used. In other words, the value one places on their real property, their home and land, is personal to the owner. This value is an expression of how the owner personally values their property and how they use it, not the value-in-exchangethat would be expected for this property. The Board must also f5nd that the proposed Bed 8c Breakfast "...will be in harmony with the area in which it is to be located and the use is in compliance with the plan for physical development of the County..." As above, "harmony" is not defined in the Zoning Ordinance. One dictionary definition for the term is "agreement, concord." While little insight is offered as to the intention of this condition, it may generally be agreed that the proposed use should "Fit" the area. Also, this condition requires that the use must comply with applicable development plans. As noted above, the Zoning Ordinance identifies the proposed Bed do Breakfast as a "Class A Special Use" in its "Schedule of Permitted Uses." (Uses that are not expressly permitted in this section are prohibited.) The approval process for such Special Uses allows the County to carefully examine the proposed use and to utilize "special care ,in the control of their location and methods of operation." This process allows the County to fulfill its responsibility for protecting the public health, safety and general welfare. This responsibility reflects the spirit, the intent, of the regulations that apply to Special Uses. A use that is located, cons~ucted, and operated in such a way as to protect public health, safety and general welfare, should be considered in compliance with the spirit of these regulations. Compliance with the general conditions Will the proposed use maintain or enhance the value of contiguous property? Will the proposed use be in harmony with the area and in compliance with the County's plan for physical development?And, does the proposed use comply with the spirit of the County's land use regulations? The proposed use is a Bed & Breakfast that will have a "Full" capacity of six (6) guests. This Bed 8c Breakfast is located on a forty-seven acre tract of land thatis owned by Elizabeth P. Davidson. The proposed Bed & Breakfast would not adversely impact the "value-in-use" or "user-value" of contiguous or nearby properties. The Bed & Breakfast would not prevent or degrade.the ability of the owner-user from continuing to use these properties for residential or other allowed purposes.