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HomeMy WebLinkAboutC.054.93008_1118671 other counties do. He said he thought a better solution would be the state's new logo system. He inquired what would be their feeling about this rather than an 85' sign. Mr. Glover said they had talked with the state about this, and they thought it would come about after the first of January. This will help their situation, he said. The state puts these signs almost at the exit ramp going up to his property. The sign says fuel and gasoline, and gives a small decal of the oil company. It doesn't let a trucker a mile away know that he can pull off there. Vice Chairman Mills said some of the board members had been out to look at the site, and there was some thought about whether a sign could be seen coming up the incline in the south bound lanes. Mr. Welling said the sign would not be visible in the low gap, but it would be visible farther north at the next rise, about a mile away. The sign will be lighted which would make it more visible, Mr. Glover said. He said the sign would cost $21,000, but without the sign, the business could never do what the owner intended to do. Vice Chairman Mills asked if they had a high rise Chevron logo, how does the trucker know that it is a truck stop. Mr. Glover said by the size of it. Mr. Glover said in Statesville on I-40, they have the 80' signs. Vice Chairman Mills said the City has an 80' ordinance. Mr. Glover said they could probably get buy with an 80' sign. Commissioner Murdock says Mr. Welling does have a problem at this location. Vice Chairman Mills asked Mr. Lundy how he felt about a variance rather than changing the ordinance. Mr. Lundy said his belief was that the Board of Adjustment did not have the authority to grant a 50' variance. Actually it creates something that doesn't even exist in the ordinance, which states that the board should not have a power to place something in existence that is not permitted anywhere in the ordinance. High rise signs are not permitted anywhere in the ordinance. Commissioner Crosswhite inquired if the ordinance could be amended to allow a variance. The board of adjustment takes their authority from the General Statutes, rather than the ordinance, Lundy said. He did not think the board of commissioners could create a scenario to allow the board of adjustment to have power to grant such a variance. Mr. Pope, county attorney, said the board of commissioners would be delegating to non -elected officials the power to change the law of Iredell County, which the board previously adopted. Under certain very defined and controlled circumstances, this could be done. The General Statutes em- powers the board of adjustment to grant variances based on hardships that are peculiar to the land itself, Mr. Pope said, and he asked Mr. Lundy if he recalled the statute. Mr. Lundy replied that his problem was that the board was talking about a variance that is not allowed anywhere in the ordinance. High rise signs are not allowed anywhere in the ordinance. It is the staff's opinion that the board of adjustment does not have the authority to grant a variance that creates a new use that the ordinance does not allow. That is why the staff recommended an amendment to the ordinance. Vice Chairman Mills said he thought there was sentiment on the board to allow the sign to be put in, but he did not believe there was sentiment to change the ordinance. Mr. Welling said he thought the ordinance was speaking to billboards. He thinks there is a difference in high rise signs and billboard signs. Vice Chairman Mills said the board had promised Mr. Welling and Mr. Glover an answer tonight, but the board did not want to create something that they couldn't live with. The matter was to be turned over to staff and attorney, and they would have an answer in two weeks. MOTION from Vice Chairman Mills to adjourn from Public Hearing to Regular Session. VOTING: Ayes - 4; Nays - 0. ROBERT N. AND CHARLES H. STAMEY, REQUEST FOR REZONING FROM R-201 SFR, TO GB: MOTION from Commissioner Stewart to accept the planning board's recommended approval of the Stamey property rezoning. This property is to be rezoned from R-20, Single Family Residential, to GB, General Business District, and is located on US Highway 64/70 West, between SR 1363, Bethlehem Road and SR 15125, Stamey Farm Road, more specifically described as Lot 1, Block D, of Iredell County Tax Map 8K. VOTING: Ayes - 4; Nays - 0. SHERRILL A. OSTWALT, REQUEST FOR REZONING FROM RA TO GB: MOTION from Commissioner Murdock saying she had urged the property owner to have a definite plan for the property, and there is no definite plan. On the basis of this, she recommended denial of the request for rezoning. This property is located on SR 1615, Mount Herman Road, off SR 1005, Old Mountain Road, near I- 40, and is more specifically described as portion of Lot 63, Block A, of Iredell County Tax Map 8M. VOTING: Ayes - 4; Nays - 0. JOHN R. KINDLEY, OWNER: REQUEST REZONING FROM PRD TO R-20 OF PROPERTY LOCATED ON HERON POINT OF HERONWOOD SUBDIVISION: MOTION from Vice Chairman Mills to continue this public hearing at which time the appropriate parties will be notified. (Note: Time set later in the meeting for this continued public hearing, which is November 18, 1986, 7:30 p.m., Agricultural Center Conference Rooms 1 and 2.) VOTING: Ayes - 4; Nays - 0.