HomeMy WebLinkAboutC.054.93011_0739Rezoning Request; Peggy Abernathy & Chris C. Cartner Property, Case
No. 0505-1 from R-20, Single Family Residential Zoning District to General
Business Zoning Location: Planning Supervisor Steve Warren explained the
following staff report for a rezoning request from Christopher Cartner and Peggy
Abernathy:
OWNERS: Christopher Cartner Peggy J. Abernathy
229 Tomlin Mill Road 415 Old Mocksville Road
Olin, NC 28660 Statesville, NC 28625
LOCATION: 415 & 429 Old Mocksville Road, more specifically identified as
PIN#s 4756-71-1727, 4756-71-0996, and a portion of 4756-72-0242.
Directions: Highway 64 east, left on Old Mocksville Road, on the left.
REQUESTED ACTION AND CONDITIONS: Rezone the properties from R-
20, Single -Family Residential Zoning District to GB, General Business Zoning
District.
PROPOSED USE: Continue existing landscaping business and adding
automobile sales at 429 Old Mocksville Road. No proposed uses for 415 Old
Mocksville Road.
SIZE: The total acreage is 7.55 acres.
EXISTING LAND USE: Non -Conforming Commercial
SURROUNDING LAND USE: Residential, commercial, and vacant
WATERSHED REGULATIONS: The property is not located in a watershed.
TRAFFIC: The capacity for this stretch of Old Mocksville Road is 9,000
vehicles per day. In 2003, the estimated daily traffic count was 3,800 vehicles
per day. Rezoning the property would likely increase the traffic along this
stretch of Old Mocksville Road. However, the possible impacts would not
bring the road close to the maximum carrying capacity.
ZONING HISTORY: This property has been zoned R-20 since County -wide
zoning went into effect in 1990. On March 21, 2002, the Board of Adjustment
approved a change of non -conforming use to allow Mr. Cartner to operate his
landscaping business at this location. Later, Mr. Cartner decided he also wanted
to sell automobiles on this lot and requested a rezoning. At that time, staff
became aware of two buildings on the lot that were built without permits and in
violation of the County's setback and expansion of non -conforming use
requirements. Staff recommended that Mr. Cartner bring the buildings into
compliance before submitting a rezoning request. Mr. Cartner did not want to
move the buildings and applied for a variance so they could remain in place.
On May 20, 2004, the Board of Adjustment denied a variance on the setbacks
for the two buildings. The inclusion of the Abemathy property in the request
and the purchase of property to the north have brought the buildings into
compliance as far as setbacks. Rezoning the property will eliminate the
violation of the expansion of non -conforming use requirements as well.
STAFF COMMENTS: There seems to be a trend towards commercial uses in
the area. Rezoning the property will also eliminate a non -conforming use. The
County Land Use Plan recommends for transitional uses in this area, which
includes commercial and lower intensity light industrial uses. Therefore, staff
recommends in favor of this request.
PLANNING BOARD RECOMMENDATION: On May 4, 2005, the Planning
Board unanimously recommended in favor of this rezoning request, by a vote
of 9-0.
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Chris Cartner announced that he was present should anyone have any questions.