HomeMy WebLinkAboutC.054.93010_0960used for the Brawley School Road and this is what the State Department of
Transportation generally used for many roads in the county. Smith said the proposed
RPO would require a 100 ft. right -of --way.
John Kinley said that so far the Department of Transportation hadn't taken, or paid
for any of the property, but if the RPO was approved as presented, the county was just taking
it. Kinley said the State should be forced to pay for it.
Ronnie Smith agreed with Kinley. He said the county should not be taking the
property.
Chairman Johnson asked the planning supervisor if having a site plan that adhered
1 to the right-of-way for the widening of Brawley School Road would be better than the
front -yard setback. He asked if this would accomplish the same thing.
Planning Supervisor Smith said it would probably accomplish the same thing, but
if there was an initial property devaluation, it might still be there.
Bert Walser mentioned there was an Iredell County court case involving property
on Hwy. 150 where the owners sued the Department of Transportation for an inverse
condemnation (widened the right-of-way from 60' to 100'). Walser said the judge ruled
that because some of the plats said, "future 100' of right-of-way" it was an implied
dedication and the property owner was not entitled to have any compensation from the
State. He said the case would probably go to the court of appeals.
Chairman Johnson adjourned the hearing.
Commissioner Williams said he was prepared to eliminate the architectural
standards from the overlay, and to give further review to the proposed setbacks.
Commissioner Tice said there appeared to be many unanswered questions.
Chairman Johnson said the board's hesitancy to adopt the RPO was in part due to
the strong appreciation of personal property rights.
OTIO by Chairman Johnson to postpone a decision regarding the Roadway
Protection Overlay Two (RPO2) for 30 days or the first meeting in January (Tuesday
January 7, 2003).
VOTING: Ayes — 4; Nays — 0.
(Note: Chairman Johnson explained to the audience that the RPO public hearing
had officially been adjourned, and if anyone desired to share further comments, they
needed to do so prior to the January meeting.)
Request for Adoption of the Market Value Schedule of Values and the Present
Use Schedule of Values in Conjunction with the 2003 Revaluation Request: County
Assessor Brent Weisner said the two reappraisal Schedule of Values had been submitted to
the board members on November 4 and the public hearing was held on
November 19, 2002. Weisner requested adoption of the two schedules.
OTIO by Commissioner Williams to adopt the Market Value Schedule of
Values as presented.
VOTING: Ayes — 4; Nays — 0.
Chairman Johnson said he understood the Present Use Value Schedule primarily
addressed agricultural, horticultural and forestry lands.