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HomeMy WebLinkAboutC.054.93008_1117 (2)670 in order to make this change, the board will have to go back to another hearing in conjunction with his request, and then he believes, with Mr. Pope's concurrence, that the board would be free to make a decision on Mr. Kindley's request after giving the other side an opportunity. Mr. Kindley said Heronwood has pretty much invalidated their PRD. He did not think Heronwood was very considerate of the work the board has done on it. He believes that Heronwood has invali- dated their zoning themselves by selling property. There's no way they are going to build a condo on his property, he said. Commissioner Murdock asked if there was another map other than the one posted on the board for the hearing. Mr. Lundy said there were three separate maps. Mr. Lundy explained the maps, and Commissioner Murdock said she would come by the Planning Office to discuss this further. Mr. Lundy said his concern is not so much with the other (Heronwood) situation as has been inferred. He said his position is in what position he puts the county. FLOYD 0. COLLINS, REPRESENTED BY T. C. HOMESLEY, JR. REQUEST TO REZONE FROM R-20 AND NEIGHBOR- HOOD BUSINESS TO CONDITIONAL USE HIGHWAY BUSINESS. The board of county commissioners heard this request at a previous meeting, and during that meeting, Mr. Collins, who was represented by Mr. Homesley, sought to amend his request and to request a smaller portion of his property be rezoned and place a conditional use on that property. The board at that point remanded this case back to the planning board for additional hearings during which time the staff discussed with Mr. Homesley what the conditions on that request would be. During the planning board meeting it was proposed that the planning board would allow the store operating automobile sales, new and used, including related repair services, not to include outdoor storage of junk cars or major mechanical repairs. Mr. Lowery, a member of the planning board, asked Mr. Collins to exclude service repairs and only have clean-ups. Mr. Collins agreed to that amend- ment during that meeting. After further discussion concerning the proposed conditional use request, the planning board on a 7-3 vote recommended that the county board of commissioners deny Mr. Col- lins' request. Vice Chairman asked for questions from the board and asked if there was anyone present to speak in favor of this rezoning. He asked if there was anyone present to speak in opposition. Mr. Floyd Collins spoke in favor of his request. He said those who are opposed to the rezoning living approximately one mile t� a mile and a half from the site. Mack Wilson said he lives directly across from the property that is being requested to be rezoned. He said it was not a mile, it was more like 600' to 700'. His view is directly into this property, and he asked the board to consider the planning board's decision. Barbara Potter said she was in the same position as Mr. Wilson. Her house overlooks the cove. Especially during the winter time when the leaves are off the trees, she had a direct view of this. Mr. Moss lives next door to Mrs. Potter, and he supports what they are saying. He said he believes there are several people present who are asking the board to uphold the planning board's recommendation who has two times denied this. Even the second time after the request was modified, putting stricter zoning, they are still looking at a car lot. Roy Copeland lives two houses up. He said he is looking at the same thing. It is not some- thing he would like to look across at. He said he was not trying to hurt anybody's business, the property values are good, and he doesn't want to see them go down. Joe ---------- There are three restricted subdivisions close by this property. He believes the board would be setting a precedent for spot zoning if the board permits this highway zoning on this road. He asked the board to uphold the planning board's recommendation. Vice Chairman Mills asked for additional comments. There were none. REQUEST FOR AN AMENDMENT TO SECTION 61.2 OF THE IREDELL COUNTY ZONING ORDINANCE TO ALLOW ON - PREMISE SIGNS NEAR INTERSTATE INTERSECTIONS. Mr. Lundy said the planning staff received a request from Mr. Tom Glover, representative of Gastonia United Oil Company, and Mr. Charles Welling, who operates a business at the intersection of Amity Hill Road and I-77, South. The request was for Article 9 be amended to allow for on-site advertising sign in Highway Business District to exceed the 35' maximum height limit. They wish to erect a sign 85' above ground level for identification purposes. The sign would be erected on Mr. Charles Welling's property. The sign needs to be higher because of the trees in the area are 701. The planning board has considered the request of Mr. Welling and Mr. Glover to allow 85' signs in any district similar or like this, and they voted to recommend that the board of commissioners deny the request for this amendment to Section 61.2. Vice Chairman Mills asked if anyone wish to speak in favor of this request. Mr. Glover stated that Mr. Charles Welling, the owner, is still requesting permission to erect an identification sign. They did not want to get into changing the ordinance to do this. They really wanted to get a variance in this particular instance on his particular property and not get into opening the door for everything on I-77 and Iredell County could go 85'. Their position is to ask for a variance. Vice Chairman ;!ills said at the pre -agenda meeting the board had looked at what some of the '