HomeMy WebLinkAboutC.054.93010_0625 (2)Holtzclaw then showed a video of the planes. She said the club had a mobile home on the site that
served as a clubhouse.
Enforcement Captain Mike Phillips, with the Sheriff's Department, said he had met with the club
members. He said the club members guaranteed they would move the runway approximately 200 yards.
Phillips said this was last summer, and the club members had not complied.
department was more concerned about safety issues than the noiseMr. Phillips said the sheriff's. He said that according to information from
the district attorney, the sheriffs department could not do anything unless one of the members was actually
caught with the plane's controls. Phillips said the Attorney General's Office had indicated the situation, at the
present, was a civil problem and not a criminal matter. Mr. Phillips said the sheriffs department had tried to
mediate with the club, but the members were not cooperating.
Commissioner Bowles said he was familiar with the area. He asked Detective Phillips who owned the
air space above the Holtzclaw and Phillips' properties.
Phillips said the only ruling the District Attorney's office had given was that there was a definite
violation of the noise ordinance. Mr. Phillips said it was unclear, however, as to whom should be charged with
the violation. He said the club could possibly be charged; however, the members had "done away" with the
club charter. Phillips said the ownership of the air space had already been reviewed.
Planning Supervisor Ron Smith said he had asked his staff to re -review the special use permit criteria.
He said that if a permit were granted, it would really not help the families. Smith said this was because there
was only a 50 -foot setback.
Attorney Pope asked the penalty for using the property without a permit.
Smith said it would be a general zoning violation. He said there would be a civil citation process with
an initial S 100 charge. Smith said that after this, the violators would be taken to court. He said, "We are in that
Process now."
Pope said he assumed this applied to the property owner, regardless of whether or not there was a club.
Smith said this was correct.
The commissioners briefly discussed a noise ordinance amendment; however, Attorney Pope said he
didn't know what type of activity the board wanted to restrain. He said one way that might be available to
improve the situation was through zoning regulations. Pope said the board might also be able to use "general
Police power" to prohibit the model aircraft flying. He said there might be state and federal regulations that
regulated the activity, and if so, these would take precedence over anything the county imposed.
Commissioner Bowles said that if a more stringent ordinance were written, it would apply to the entire
county. He said the good and the bad model airplane flyers would be affected.
Pope said the special use permit process could be written to be applicable to the owner of the property.
Attorney Pope said he would be glad to work with the planning/zoning department He said he would also
research the police power method.
Commissioner Bowles said he would visit the site and talk to the club members about the situation.
PUBLIC HEARING
Chairman Tice declared the meeting to be in a public hearing.
Proposed Ordinance Designating Structures and Property known as the Albert Hill Setzer House
located at 1262 East Monbo Road in the Fallstown Township, Iredeil County, North Carolina as Historic
Property: Lewis Alexander, the Chairman of the Iredell County Historic Properties Commission, said
everything was in order to approve the Albert Hill Setzer House as a county historic site. Alexander said the
1887 structure was unique in architectural design. He said the owner, Mrs. Joanna Cornelius Lloyd, had
requested the designation. Alexander said all of the criteria established by the North Carolina Department of
Cultural Resources, the State Preservation Office, as well as the county's requirements, had been met. Mr.
Alexander said the findings set the groundwork for the property to be included in the National Registry. lie