HomeMy WebLinkAboutBoard of Adjustment agenda for December 8, 2014 on shooting range violation statusAGENDA
ORANGE COUNTY
BOARD OF ADJUSTMENT
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131 W. MARGARET LANE
HILLSBOROUGH, NORTH CAROLINA
DECEMBER 8, 2014
7:30p.m.
No.Page(s)Agenda Item
1.CALL TO ORDER
2.CONSIDERATIONOF ADDITIONS TO AGENDA
3.1-18 APPROVALOFMINUTES
a.October 13, 2014
4.PUBLICCHARGE
The Board of Adjustment pledges to the citizens of Orange
County its respect. The Board asks its citizens to conduct
themselves in a respectful, courteous manner, both with the
Board and with fellow citizens.At any time should any
member of the Board or any citizen fail to observe this
public charge, the Chair will ask the offending person to
leave the meeting until that individual regains personal
control. Shoulddecorum fail to be restored, the Chair will
recess the meeting until such time that a genuine commitment
to this public charge is observed.All electronic devices
such as cell phones, pagers, and computers should please be
turned off or set to silent/vibrate.
The Board of Adjustment is a quasi-judicial administrative
body established in accordance with the provisions of local
regulations and State law to perform specified functions
essential to the County’s planning program. Action(s) taken
by the board are based solely on competent, substantial, and
material evidence presented during a previously scheduled
and advertised public hearing on a specific item.As
detailed within Section 2.12.2 of the UDO the Board chair
reserves the right to exclude evidenceand testimony that is
deemed: ‘incompetent, irrelevant, immaterial, or unduly
repetitious’ and therefore fails to reasonably address the
issues before the Board of Adjustment.While it should be
noted there is no time limit on the presentation of
evidence, the Chair asks that the presentation of evidence
be consistent with established policies, rules of procedure,
and acceptable levels of decorum to ensure a fair and
equitable hearing for all parties.
No.Page(s)Agenda Item
5.19-114 A-5-14–Appeal of a Revised Determination made by the Zoning
Officer submitted by Adrian Carter, Robert Nicholas, John Gallagher,
Kathleen Erickson, Heron Pond Subdivision homeowners, ETAL:
In accordance with the provisions of the Orange County UDO, the
applicant(s) have appealed a decision of the Zoning Officer related to the
rescinding of a Notice of Violation associated with the purported operation
of a shooting range.
The County issued a Notice of Violation (NOV) on April 29, 2013 over the
discharge of firearms on a 34 acre undevelopedparcel of property
identified utilizing Orange County Parcel Identification Number (PIN)
9747-86-5920owned by Mr. William Klein.
The Notice of Violation was rescinded in February 2014 due to lack of
credible evidence as well as a review of recent courtcases. The letter
rescinding the NOV informed Mr. Klein staff would continue to investigate
the matter and reserved the right to re-initiate the enforcement effort.
The applicant(s) allege staff erred when rescinding the NOV citing seven
specific determinations as follows:
1)There is no ‘firing range’ operating from Bingham Woods Mobile
Home Park property.
2)Discharging firearms by [the] property owner and family was a
customary accessory use.
3)There is currently no ‘principal use’ on the undeveloped 34 acre
parcel.
4)The [April 29, 2013] NOV is hereby rescinded.
5)The NOV was ambiguous in that it made mention only of
[proposed] operations but failed to give clear and complete
allegation of the violation.
6)The NOV made no conclusion on whether a non-profit recreational
use existed at this location, which is required for such a
determination to be made.
7)Other than the discharge of firearms by residents and guests, the
NOV alleged no facts on which to base a conclusion that a non-
profit recreation use existed.
6.ADJOURNMENT
IF UNABLE TO ATTEND THIS MEETING, PLEASE CALL THE PLANNING DEPARTMENT (NUMBERS
LISTED BELOW –PRESS 1 PLUS EXTENSION 2575 OR 2585).STAFF CAN THEN DETERMINE IF A
QUORUM WILL BE PRESENT FOR THE MEETING.
HILLSBOROUGH -732-8181MEBANE -227-2031
CHAPEL HILL -967-9251DURHAM -688-7331