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The planning staff recommends approval subject to limiting the
access through the Auto Auction only and not Carl Austin Road. If
approved, the necessary action would be to amend the Land
Development Plan and add this tract to the existing commercial
area. On November 6, 1996, the Iredell County Planning Board
denied the request in a 6-1 vote.
Further, Allison stated a valid protest petition had been
received which would require a three-fourths vote from the board of
commissioners in order to approve the request. Numerous telephone
calls in opposition have been received by the planning staff.
Dick Brolin-Employee of B K Barringer & Associates
(Engineering/Plannina Firm/Mooresville): Brolin said the applicant
had asked this firm to explain the request. Mentioned the
applicant was willing to accept a number of conditions for HB
zoning: (1) Limiting access (as was explained by the planning
staff) (2) 40 ft. buffer on any adjoining residential uses (3) 40
ft. fence (4) would accept a conditional use that any further uses
of this tract under the HB zoning would be strictly approved by the
commissioners and (5) pave the driveway that will lead to the
storage area. Brolin said the Auto Auction had grown immensely in
the past few years and needed a place to store vehicles before they
actually went to the auction lot. Mr. Brolin mentioned the
designated site is contiguous to the Auto Auction.
Steve Tate (Attorney/ Represents Statesville Auto Action)
Mr. Tate said the auction definitely needed additional space. As
a matter of fact, the company is already trying to use some off-
site space, because it is completely full on busy days. Tate said
the company was a multimillion -dollar investment in the County.
The Hayes family actually owns the property that is seeking the
rezoning. The auto auction desires to lease the space from the
Hayes family, and the contract stipulates the area will be used
solely for the storage of vehicles. According to the lease, a
graveled road would be cut into the area. when the lease expires,
the Hayes family intends to rezone the property back to residential
agricultural.
Tate said that in addition to the conditions offered by
Brolin, the company would agree to only use the site between the
hours of 5:00 a.m. through 6:00 p.m. The company is currently
paving the lots on its property to eliminate dust problems. Mr.
Tate said it was his understanding that some neighbors didn't have
as much of a complaint about the rezoning as they did about the
company actually operating at its present site. Tate advised that
some homes had been built after the company began business
operations. In addition, Tate advised that some people signing the
petition were not neighbors.
Commissioner Fortner asked about the lease. She wanted to
clarify that the property would be turned back over to the Hayes
family when the lease expired. Tate advised the lease was for a
one-year period of time with an option for renewal (one year).
Rev R C Redmond-opposition/Baptist minister and Resident
for 36 years in the community: Redmond advised that a fence was
put up when it was known the area was not zoned for parking cars.
A fence has been placed six inches within the line of Mr. Frye's
property line and cars are against the fence. Trailers have been
situated in the corners near Mr. Frye's home. Redmond presented a
new petition of the people (42) residing on Carl Austin Road. At
least 95% of the people on this road have signed the petition.
Redmond said he didn't want his neighbors living in a car lot.
Gary Frye-Opposition/Resident of the Area: Frye mentioned he
had lived in the area since he was five years old. Built a new,
brick home about ten years ago. Presented pictures of the cars
taken from his home.