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Attachment 6B <br /> <br />FINDINGS OF FACT <br />BY THE ORANGE COUNTY BOARD OF ADJUSTMENT <br />PERTAINING TO A REQUEST SUBMITTED BY <br />JAMES TILSON AND MICHAEL TILSON <br />PROPOSING A “KENNEL (CLASS II)” USE <br />ON A PARCEL OF PROPERTY LOCATED OFF MONOTROPA TRAIL <br />(PIN 9832-60-7469) <br />Based upon the competent, material, and substantial evidence received at the evidentiary <br />hearing, the Board of Adjustments gave each piece of evidence its due weight and makes the <br />following Findings of Fact: <br /> <br />Application Components <br />1. James Tilson and Michael Tilson filed an application for a Special Use Permit (SUP) <br />related to Orange County PIN 9832-60-7469 on August 12, 2024 for Use 62(M), Kennels <br />(Class II) with a fee paid. <br />2. The application included site plans and attachments as included in the agenda materials <br />received by the BOA, specifically: Attachment 1. <br />3. The existing conditions on the property include: The parcel is currently undeveloped with <br />the only land disturbance activities related to the existing Monotropa Trail. <br />4. The proposed buildings include: a 350 square feet Dog Den in which overnight boarding <br />will occur, a private residence to be occupied by the owner-operator, and a carport for use <br />by the private residence. <br />5. The access, parking, and “Kennel (Class II)” areas include: The project will be utilizing the <br />existing ingress/egress on Monotropa Trail. Two parking spaces are required for this use <br />per Section 6.9.7 of the UDO, one of which will be ADA accessible. The applicant details <br />that no customers will be driving to the site as all dogs will be picked up off-site and <br />transported back to the subject property for day camp and overnight boarding. The Dog <br />Den, surrounding fenced area, and proposed trails are the main use areas for the “Kennel <br />(Class II)” use. <br />6. The landscaping includes: maintaining existing vegetation except as identified in the site <br />plan. There is no use-specific landscaping requirement for a “Kennel (Class II)”. The 150- <br />foot use setback along all property lines and existing vegetation both serve as buffers to <br />adjacent properties. <br />7. Taylor Perschau, a member of the Orange County Planning & Inspections Department <br />staff, provided sworn testimony regarding receipt of the following: 10 copies of site plans, <br />a list of parcels within 1,000 feet, 10 copies of Environmental Assessment, method of <br />debris disposal, and development schedule. <br />Notice Requirements <br />8. Notices of a Neighborhood Information Meeting were mailed on September 11, 2024 by <br />the applicant and the meeting was held on September 26, 2024. <br />9. Notices of the BOA Evidentiary Hearing were mailed on October 29, 2024 and the meeting <br />held on November 13, 2024. <br />10. Signs were posted on September 12, 2024 for the Neighborhood Information Meeting and <br />on October 29, 2024 for the Evidentiary Hearing. <br />Waste, Safety & Access <br />11. The waste disposal methods were reviewed by Victoria Hudson, Environmental Health <br />Director with the Orange County Environmental Health Department, and Matthew Taylor, <br />Environmental Enforcement Supervisor with the Orange County Solid Waste Department. <br />Environmental Health review indicated there would be industrial process wastewater <br />considerations and septic maintenance conditions when permitting a septic system, to