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9-4-24 PB Agenda Packet
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9-4-24 PB Agenda Packet
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BOCC
Date
9/4/2024
Meeting Type
Regular Meeting
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Agenda
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19 <br /> DRAFT <br /> 548 Jessica King: Yes. <br /> 549 Patrick Mallett: You can correct me if I get your story wrong. This property is located on 711 Faith Way, <br /> 550 it's the Cheeks Township, it's an amendment between the Back Creek Protected and <br /> 551 Upper Eno Protected watersheds. Baseline zoning is R1 and would remain R1, the area <br /> 552 in blue is the existing overlay boundary, the area in red depicts the new boundary change <br /> 553 and with the other case it takes it to the property line then ties it back into the current <br /> 554 mapped overlay. Land use designation rural residential, this is a good point to <br /> 555 communicate what brought the property owner to here. She was essentially maxed out <br /> 556 with her impervious as it was prorated for her property for her driveway and her house. <br /> 557 Her desire was to build a modest garage and then there was the realization, well the ridge <br /> 558 line is not here, it's over here, and that change alone would allow for enough impervious <br /> 559 surface to do a small garage. Because of the way the legalities of this work, she too,just <br /> 560 like the previous case, we're already gone through that state process, the notification of <br /> 561 the board of commissioners, they've accepted it, we have since approved because we <br /> 562 legally have to accept that for permitting purposes, the true ridge line. Her garage,we <br /> 563 have signed off on that permit. The mapping that was done is kind of hard to read but it <br /> 564 basically corresponds to the previous map. Staff analysis is the application was complete, <br /> 565 the staff review, the application is considered request consistent with the Orange County <br /> 566 2030 comprehensive plan. The proper notifications were made via mail, sign postings <br /> 567 and listed on our active development web page. With the planning board level,just like <br /> 568 the other case, would get referred on with a recommendation to the Board of County <br /> 569 Commissioners. The planning director recommends to the board to receive the rezoning <br /> 570 application delivered on their proposal as desired, consider the planning director's <br /> 571 recommendation, and make a recommendation to the BOCC on either the statement of <br /> 572 consistency, Attachment 6 or the statement inconsistency, Attachment 7, and the <br /> 573 proposed ordinance, Attachment 8 in time for the September 5th, 2024, BOCC meeting. <br /> 574 Adam Beeman: Anybody have any questions? <br /> 575 Chris Johnston: Does it matter that that line goes all the way down back to the originating line and so that <br /> 576 whole side there, does that matter in the slightest? <br /> 577 Patrick Mallett: It's the same circumstance. <br /> 578 Chris Johnston: I guess that's fair. It would be assumed that it would. <br /> 579 Patrick Mallett: The ridge line and the survey went beyond that slightly, but the reality is legally we can <br /> 580 amend it on her property, then we take it from there, but either property owner to the north <br /> 581 or south, if they felt like it benefited them and there was a need, it's a pretty compelling <br /> 582 reason to keep amending that to correspond with the ridge line. <br /> 583 Chris Johnston: I guess what I'm saying is this property owner wouldn't need to come back and then move <br /> 584 that red line back to the new line because it's along the property line, does that make <br /> 585 sense? <br /> 586 Patrick Mallett: Yeah, I understand what you're saying, there's no impact on the property owner. It's a <br /> 587 mathematical calculation and her impervious limits based on the watershed are based on <br /> 588 the amount of area on her property so, you're not going one way or another. <br /> 589 Chris Johnston: Okay. Then if the next property owner over gets a survey and finds it matches up to the <br /> 590 new line, they don't, the previous property owner doesn't need to come back and revert <br /> 591 back the line or anything along those lines, it would just continue on. <br />
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