HomeMy WebLinkAboutC.054.93010_0209 (2)Attorney Pope said the Hager family should first seek a determination by the planning office
on vested rights. If the family disagrees with the decision, relief from Superior Court can then be
sought.
Ms. Byers said she understood her family would not be able to build houses on the property
because the septic system was already in place for mobile homes. She said there were requirements
on keeping the septic system certain distances from the property lines. Byers added there was not
that much land to work with. She said her family would be out of $30,000 if they could not proceed.
Byers said that when she applied for the permits, she learned that licensed contractors could not set
up mobile homes, and that a licensed mobile home dealer was needed.
Inspections Director Niblock said North Carolina law stated a licensed general contractor
could not set up manufactured homes. He said, however, an option Ms. Hager could use was to
obtain a bond for each home. Mr. Niblock said that just on the strength of a general contractor's
license, it was not permissible to set up manufactured homes.
MOTION by Commissioner Fortner to approve the rezoning request from RA, Residential
Agricultural to R-20, Single Family Residential District for Case 0007-2 (Waugh Fann Road/Massey
Deal Road). (The rezoning includes the Earlie Hager property, however, the planning staff was
requested to work with the family.)
Commissioner Johnson asked what assurances could be given that the Hager family's
problems could be resolved. He emphasized the family had spent $30,000.
Hobbs said he felt sure the Hager property would be vested.
Johnson asked Pope for his opinion.
Pope said that if the family had spent $30,000 this seemed "pretty substantial" to him. He
said it also appeared that other steps had been taken to substantiate the case, e.g., recording the plat
and trying to obtain the permits. Pope said it was the "totality" of the actions taken.
Chairman Tice asked Pope if it would be better if the Hager property was removed from the
rezoning.
Pope said he thought this would "taint" the entire rezoning. (The Hager property is directly
in the center of the non -owner rezoning tract.)
VOTING: Ayes - 3; Nays - I (Bowles).
Chairman Tice declared the meeting to be in a public hearing.
REQUEST FOR AN AMENDMENT TO THE IREDELL COUNTY LAND
DEVELOPMENT PLAN & REZONING REQUEST; CASE NO. 0007-3, RONALD L.
CHRISTIE & DORIS C. MYERS PROPERTIES FROM RA, RESIDENTIAL.
AGRICULTURAL DISTRICT TO HB, HIGHWAY BUSINESS DISTRICT & GB,
GENERAI, BUSINESS DISTRICT (The property is adjacent to 1.77 off Houston Road.):
Hobbs said the owners were requesting for their 13.6 acres to be rezoned for a business park. The
owners request for the rezoning to be changed from RA to HB & GB. The property is adjacent to
Interstate 77 off Houston Road and is more specifically identified as PIN# 4740-98-2495 and 4740-
98-5449. Existing land use is residential and surrounding land use is residential and vacant. Hobbs
said the property was situated between an areacurrently zoned General Business to the west and 1-77
on the east. He said the property completed a business zoning district along Houston Road, between
Highways 2 UI 15 and 1-77. On July 5, 2000 the planning board recommended an amendmcnt to
the Land Development Plan and approval of the request in a 6-2 vote.