HomeMy WebLinkAboutC.054.93009_0708 (2)VOTING: Ayes - 5; Nays - 0.
CITIZENS' CONCERNS
Nr. Ed Bailey - Citizen. Delayed until later in the meeting.
ADNINISTRATIVE NATTERS
NON -OWNER PETITION: PROPERTY ORNERR OF THE N. N. ALEXANDER
FARM SUBDIVISION, FINDING THE APPROPRIATENESS OF TRE PETITION: Mr.
William Allison, County Planner, presented this to the board. The
request is from several property owners in the W. N. Alexander Farm
Subdivision to have the property rezoned from RA to R-20, Single
Family Residential. The
ne Circle off
SR 1005, Old Mountain Roaproperty
r and is morelocated i
spe ificallyidentified as
Lots 1-25, Block A, of Iredell County Tax Map 8T-2.
Twenty-two out of a possible 25 property owners signed the
petition, which represents 88t of the total ownership and 91 acres
of the 137 total acres that lies within the petitioned area. Staff
finds voted una i unanimously to find etition in therp petition appropriate . Allison said. The Pon October 5,
1994.
There were people present who wished to speak regarding this
non -owner petition. Chairman Haire permitted them to speak even
though this is not a public hearing.
Mrs. Brenda Dye owns Lot fl in the subdivision and said they
had put a double wide mobile home on their lot, and the closure of
the loan and the setting up of the mobile home has been postponed
because of petitionersawhonar�etion placed petitioningupon for the
thesR-220 ision y the
zoning.Further
discussion revealed that there are deed restrictions on the lots in
the subdivision which require stick built homes only.
Ben Lappen spoke regarding the subdivision. He said they
filed a preliminary injunction based on deed restrictions. He
described the restrictions.
Alex Rooker, president of the Atlantic Division of Timberland
Homes, spoke. His company holds a Deed of Trust on Lot /1. The
petitioners asked for an injunction to stop anything that could
impahomeCt that loan. They. would like yes
have been unable to get the matter solved. on their
Chairman Haire asked the County Attorney for guidance.
Mr. Pope said the board is not being asked to rezone the
property but to find the petition appropriate for consideration fo
rezoning. The County has not been made a party to the law suit, sor
the County has no interest in that.
Commissioner Boone inquired if the Court determined that the
deed restrictions did not bar the modular home from being placed on
the lot and the property was rezoned to R-20, would the Dyes be
barred from putting their house on the lot or would they be
grandfathered?
Mr. Pope said he did not know enough of the facts to know the
answer.
Commissioner Madison requested to be released from voting on
this issue because his realty company has listed Lot 07 in the
subdivision.
MOTION from Commissioner Boone to excuse Commissioner Madison
from voting because of a conflict of interest.
NOV 1 � 689