HomeMy WebLinkAboutC.054.93011_1247Case No. 0606-4: Request from Perth Landscaping Supply, LLC to Amend the
Iredell County Land Use Plan & to Rezone Property from Residential Agricultural to
Highway Business Conditional Use District: Planning Supervisor Steve Warren said that
earlier today he received a letter from the applicant requesting to withdraw this case. He read the
letter as follows:
July 18, 2006
Attn: Steve Warren, Deputy Director
Department of Planning
Perth Landscape Supply, LLC and Grayson Odell Stamey, Jr., (owner) request to withdraw its petition
rezoning property at 1453 Perth Road, Mooresville, NC 28117.
Sincerely,
Grayson OdeQStamey, yr.
Perth Landscape Supply, LLC
Warren said, however, the applicant had now requested to rescind the withdrawal.
Chairman Tice asked for an opinion from Attorney Pope on the proper procedure to handle
the applicant's requests.
Attorney Pope said he understood a formal, written withdrawal had been received.
Planning Supervisor Warren said this was correct.
Attorney Pope said now, however, the applicant had verbally requested to withdraw the
withdrawal. He asked the timeframe of the requests.
Warren said initially, he received a verbal request to withdraw. He requested a written
withdrawal and one was received at 1:35 p.m., this afternoon. Warren said, however, just a few
minutes before the meeting, the applicant had verbally requested to withdraw the withdrawal letter.
Pope said he wasn't aware of any precedent, but he was of the opinion the request had
been withdrawn.
Chairman Tice declared the public hearing closed.
An unidentified audience member asked if the applicant (Stamey) could reapply for the
rezoning, but during the mean time continue the operations that were already in violation of the
zoning ordinance.
Warren read a section of the zoning ordinance as follows: "In any case were a petition for
a change in zoning classification receives an unfavorable recommendation from the county
planning board after a public hearing, and the petitioner withdraws his application, no new petition
for any change in zoning classifications of the same property, or any part thereof, shall be filed
within a period of 180 days immediately following the withdrawal of the petition."
Warren said that in agreement with the ordinance, Mr. Stamey would have the right to file
a new petition after six months, and it would heard by the planning board and the board of
commissioners.
Another unidentified member of the audience asked if Mr. Stamey had to abide by the
ordinance in terms of the already existing violations. The audience member said, "There has been
no enforcement of the zoning in two years. When can we expect enforcement of the present zoning
ordinance?"
Warren said that with the petition being withdrawn, code enforcement would be back in
place. Mr. Warren said there were issues and questions, and the staff would need to look at the
situation and follow the letter of the law.
OTIO by Commissioner Robertson to accept the letter of withdrawal.
VOTING: Ayes — 4; Nays — 0.