City Council Packet - Cornelius

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Vice Chair Sheckla-Cox: Okay. Commissioner Bob Ferrie Jr.: So if—from what I'm hearing, your guys' testimony basically is that periodically, there's always been horses on there, regardless of the fact that the City took pictures on a certain day and didn’t see the horses outside, you're saying—different people have said that there's always been horses there here and there. Mr. Snee: People here have testified that they personally took horses to the property on dates that didn’t coincide with the dates that the City was there taking pictures. There's one day of each month over a 10- month period, 12-month period of time that pictures were taken showing that on this date in question, there are no horses on the property. Those—that does not contradict the testimony of the witnesses saying on these dates, which aren't—don’t happen to be different dates than those pictures were taken, I've personally took horses to the property. It doesn't contradict the testimony of neighbors who live across the street who said within this last period of time, year and a half in question, I saw horses there on an occasional basis. They weren't there all the time, but I did see horses on that property. That property was being used for equestrian purposes. Commissioner Ferrie Jr.: Okay. No, my question is— Mr. Snee: And I think that that continued use indicates that there's no intent to abandon the property for equestrian use, and its intent to continue to maintain it for equestrian use— Commissioner Ferrie Jr.: My question— Mr. Snee: —to allow the nonconforming use to continue. Commissioner Ferrie Jr.: Okay. My question is if these—is it normal for horses to be on the property and there not be any vehicles or any sign of any human beings on the property? Is that normal? Mr. Snee: On a particular day, it could be, yes. Commissioner Ferrie Jr.: Okay. So they're just boarded there. It's not like somebody's watching them 24/7 is what you're saying. Mr. Snee: Correct. Commissioner Ferrie Jr.: Okay. Thank you. Vice Chair Sheckla-Cox: Okay. Thank you very much. Mr. Snee: Thank you. Vice Chair Sheckla-Cox: Alright, so that concludes the portion of speaking in favor for this appeal. So next, I'll ask for those who are wishing to speak in opposition to the appeal. I have a few cards here, and starting with Don Semm. Please just state your name and address for the record. Don Semm: Don Semm, 882 South Ginger. Vice Chair Sheckla-Cox: Thank you. R:\Board and Commissions\Planning Commission\CPC June 26 2012 Verbatim Transcript.doc
Mr. Semm: Approximately 15 years ago, I had some horses, and I had them for about a year, and then I got rid of them because of the biting of the horse flies and stuff. I stayed on my property for another 14 years, and my neighbor about an eighth of a mile away acquired horses, and I ended up with more horse flies, which then, I moved, and that's why I moved to Cornelius. And I know they go at least an eighth of a mile away, and that's what's worrying me now. Is the same thing going to happen? I'm going to have to move again because I just cannot stand having that thing bite me, and that's what I have to say about this. Vice Chair Sheckla-Cox: Okay. Commissioner Hansen: [#1 1:19:59] Thank you. Vice Chair Sheckla-Cox: Thank you. All right, Karen Herinckx. Karen Herinckx: Herinckx. Vice Chair Sheckla-Cox: Sorry. Ms. Herinckx: Okay, my name is Karen Herinckx, H-E-R-I-N-C-K-X like x-ray. I live at 1068 South Oleander Lane in Cornelius, and I will show you where my property is. My property is right there, right up against the field. And I was here in 2008, and I spoke to the City Council then about the horse flies and the fact that because they were bringing cows in there all of a sudden—they hadn't been there for years—I had flies so bad I couldn't even sit outside and eat. I couldn't have a party in my backyard. I bought one of those big fly catcher things; it filled up in two days solid with horse flies. And I was here that night, and I talked about Heidi. And Heidi does a wonderful thing, and I said that. She does a wonderful thing for kids. And if she can control the horse flies, then that part would be resolved for me, which she did. She planted something, she said, in the ground or—I don't know, but they were cut. I would say they were probably cut 70 percent, which was a lot because it was horrible, and it's still not great, but it was—she did do what she—she tried to do what she said she was gonna do. That night, I distinctly remember that the same issues came up; the cows—it was talked about that the cows were not supposed to be in the city limits, and that night, after everybody testified about the horse flies and then this and then that and the smell—I'm sorry, cow manure just smells worse than horse manure. There was just three times as much as there'd been with just horses, and it was awful. Apparently, we live downwind instead of upwind because we get the smell whichever way that goes. We get it. I remember that night, and it was, you know, no, they're not supposed to do this. No, you know, the statute says this; the ordinance says that, and I remember the Council—whatever you are, Commissioners, sitting there saying, but they do such a good thing, I think we'll just kind of bend the rules. I remember this, even though it was stated it was supposed to be a certain way, you guys—not you guys; I'm assuming you all weren't on there—but it was decided that because she was a good person, she was doing such good work— and she was, I’m not arguing that—that it was allowed to stand and the cows were allowed to stay. And it didn't matter what the neighbors felt. It didn't matter that we couldn't have dinner out on our own decks or that we couldn't, you know, our personal space was terribly invaded. I have not had a horse fly problem since Heidi left in 2010, January. There hasn't really been—if there's been horses there, there hasn't been enough that there's been any flies because we haven't had any until we just started getting them again this summer, you know, and I had one—another one fly in my house today, so I know they're coming back, and they are—they do bite you, and, you know, they're not—they're not [inaudible #1 1:23:48]. The people that are leasing it or renting it or using it for free or whatever's going on; I can't decide from listening to Mr. Emmert what's going on, but they are wonderful. They are. They’ve taken care of that property better than—since Heidi was there. And actually, Heidi did a fairly good job of cutting the brush R:\Board and Commissions\Planning Commission\CPC June 26 2012 Verbatim Transcript.doc
Page 1 and 2: CITY OF CORNELIUS CORNELIUS CITY CO
Page 3 and 4: AGENDA REPORT September 17, 2012 To
Page 5 and 6: AGENDA REPORT September 17, 2012 To
Page 7 and 8: City of Cornelius Agenda Report To:
Page 9 and 10: C. PUBLIC HEARING 1. APPEAL: Appeal
Page 11 and 12: the city, it was brought in by Royl
Page 13 and 14: Zone and is prohibited by City Code
Page 15 and 16: Vice Chair Sheckla-Cox: Oh, okay. M
Page 17 and 18: chance to practice because we can't
Page 19 and 20: Mr. Stone: Not unlike the three peo
Page 21 and 22: so—but I think during that time t
Page 23 and 24: money that we received off of this
Page 25 and 26: espect, if you go back and look at
Page 27: The City is referring to a section
Page 31 and 32: flies, the loud music. When it goes
Page 33 and 34: usiness license for a horse stable
Page 35 and 36: Vice Chair Sheckla-Cox: I think we'
Page 37 and 38: Vice Chair Sheckla-Cox: So the next
Page 39 and 40: [Off microphone comments] Vice Chai
Page 41 and 42: Ms. Heuer: This whole thing here, y
Page 43 and 44: CITY OF CORNELIUS PLANNING COMMISSI
Page 45 and 46: issued a Metro business license to
Page 47 and 48: there was no equestrian use of the
Page 49 and 50: Vice Chair Sheckla-Cox: I’m just
Page 51 and 52: you know, did—was the use continu
Page 53 and 54: Mr. Orozco: Correct. Commissioner B
Page 55 and 56: don’t know what the word would be
Page 57 and 58: as my involvement. And mostly it wa
Page 59 and 60: Mr. Reynolds: Well, the best I can
Page 61 and 62: Commissioner Starrett [1:09:02]: I
Page 63 and 64: Commissioner Ferrie Jr. [1:15:16]:
Page 65: D. NEW BUSINESS - None Vice Preside

City Council Packet - Cornelius

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