HomeMy WebLinkAboutC.054.93011_0472County Manager Mashburn said that currently, appeals were heard by the board of
adjustment. He said that if the USA appeals were heard by the commissioners, then part of the
county would be appealing to the board of adjustment, and another part would be appealing to
the board of commissioners. He said this would be confusing.
Chairman Steve Johnson agreed that he thought all appeals should be heard by the board
of adjustment.
Mr. Lauer suggested that if the board of adjustment heard the appeals, then the board of
commissioners should also be apprised of them (ETJ issues).
Statesville Councilman Mike Johnson said he had a problem with a quasi-judicial body
being used that didn't really have the authority to make exceptions to the standards. He
mentioned that someone might incorrectly install a curb. He said, "That can't be fined — it's a
standard that has to be adhered to. We can't subject the City of Statesville to be bound by that
decision when it is in direct contradiction to state permit or anything of that nature."
The consensus was for the appeals to go to the Board of Adjustment.
A discussion then occurred regarding major subdivision reviews and the difficulty for the
board of commissioners to know if the city had adequate facilities in the area.
Councilman Kutteh said there might be situations where an industrial client wanted to be
added to the sewer system and a residential community wanted to be added at the same time. He
said that due to sewer capacity limits, the city could prefer the industrial client over the
residential community.
Mr. Lauer asked if he should include a section for the city council's recommendation in
the major subdivision review. He said this was putting the pressure on the city staff to know the
capacity availability and if the city could render the service.
City Manager Hiles said that when Statesville was in the Technical Review Committee
(TRC), there would be the issue of whether or not water and sewer were available. He said that
according to the city's code, any development outside the city limits required a separate motion
to allow water and sewer connection and to certify availability. Hiles said, "This process can't
be short circuited unless the council changes the city code."
A consensus was reached allowing for a section to be included stipulating the city
council would be allowed to make a recommendation pertaining to major subdivision
review.
Chairman Steve Johnson asked for more explanation pertaining to interim development.
Mr. Lauer said, "Suppose we have a subdivision that the city says we can't serve today,
but it is in a location that crosses a creek. That is a natural draw to locate a sewer line. If they
develop, and they haven't dedicated adequate easements through that property for extending
sewer service, then they could form an obstacle for the extension of those facilities. It would be
encumbered upon the city to identify where the proper easements would be needed."
Mr. Lauer said the city was working on a capital improvement plan for scheduled
improvements. He said, "The sewer line provides density that increases value significantly. If
there is extensive development on septic systems, this makes it unfeasible for the city to run that
sewer line and make the property more valuable."
Commissioner Doug Madison said, "Suppose someone has property at the very edge of
this area and you say that you can get water and sewer out there in four and one-half years, then
the land is basically condemned for that period." Mr. Madison suggested that the city allow the
developers to extend their lines and to be reimbursed over a period of time as the people used the
line.