HomeMy WebLinkAboutC.054.93009_0361 (2)DEC z
1993 344
MOTION from Commissioner Hamby to adopt the Watershed
Protection Ordinance, to be effective January 1, 1994.
VOTING: Ayes - 5; Nays - 0.
Chairman Haire adjourned the meeting to public hearing, which
had been advertised for this time and place.
P U B L I C R E A R I N G
REZONING REQUEST - DEAN DENHAR PROPERTY, CASE ,#9311-1: Mr.
Lundy identified the property on the zoning map. The proposed use
for the property is for an automobile repair garage. Property is
located on SR 1896, Friendship Road, and fronts Bess Road, SR 1874.
The tract is 1.876 acres. Surrounding use is residential and
agricultural. Staff feels the request is not consistent with the
Land Development Plan and is not suitable due to the residential
make up of the neighborhood, and recommends this request be denied.
Planning board voted on an 8-2 vote 11/3/93 to deny the request
for rezoning.
Commissioner Hamby asked why the planning board voted to deny.
Mr. Lundy said he thought the planning board viewed it as spot
zoning, which is illegal in North Carolina.
Commissioner Boone inquired if conditions were placed on the
rezoning, would it be spot zoning? Mr. Pope responded to the
question, saying it would be less likely to be spot zoning. The
more conditions you place on it the less likely it would be viewed
as spot zoning, until you reach a certain point, at which time it
would be considered contract zoning, which is illegal in North
Carolina.
Dean Denham: Plans to build an automotive garage. Does not
want a junk yard of any kind. Anticipates four to five cars there
at one time. Plans to plant grass, trees, and shrubs, to make it
look better. He does not think it will hurt the appearance of the
community.
Boone: Said he did see why he should not be able to have a
garage there. The only question he had was about junk vehicles,
and asked if Mr. Denham had any objections to the board attaching
conditions not to have junk vehicles unless they were properly
screened.
Madison: Asked if Mr. Denham would accept a restriction on
Sunday operations.
Denham: Would not work on Sunday and would accept a total
limit on vehicles on the place at one time of no more than one
dozen.
GARY MARSHALL: Said Mr. Denham had good character and thought
the garage would be an asset to the community.
Chairman Haire closed the public hearing.
REGULAR MEETING RESUMED.
REZONING - DEAN DENRAN PROPERTY - CASE NO. 9311-1: MOTION
from Commissioner Boone to rezone the tract from RA to HB, with the
conditions that any junk vehicles be fenced by opaque or
appropriate vegetative barrier, that there be no more than a total
of 15 vehicles parked outdoors, and that there be no Sunday
operation. This property is located on SR 1896, Friendship Road,
near SR 1874, Bess Road, and is more specifically identified as Lot
30, Block A, of Iredell County Tax Map 13N.
Commissioner Madison inquired if the Land Development Plan
would need to be amended with a commercial node at the intersection
of the two roads involved. Mr. Lundy said since it was conditional
use, he did not think so.