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buildings 18' and there was a phase 1 plat, let me see, a phase 1 plat was presented which showed
what the commissioners approved at that time, which also ircleded the adding of a road, which joined
into one of the roads and also went by t,vo parking lots. So I submit that that plat which you now
have before us as the official plat is not accurate.
We have phase 1 that was voted on by the previous board and accepted on September 4, 1984.
CROSSWHITE: Is that what these two gentlemen were referring to a while ago about the location
of the buildings?
WALSER: (not clear) . . . .
DAVENPORT: I understand from what was said before that you had
BRYAN: I'd like for you to see the phase 1 plat that was submitted and approved at that time.
DAVENPORT: Are you saying that the plat here is more than is allowed under the administrative
ruling?
BRYAN: I'm saying that that plat shows accurately what exists today. This is not an accurate
plat of what occurred on the Heronwood lot. Do you have phase 1 plat, Mrs. Fortner?
CLERK: Yes.
BRYAN: Maybe that'll show yiu what. I'm talking about.
Pass that down to Mr. Davenport.
This is a blow-up of this area right here. As you can see, the board of commissioners at that
time without going through due process, which is set forth in the ordinance, approved moving the
buildings 18' closer to the water, and also they accepted the plat as is, which includes this road
right here, which is not on that plat.
1KE SLAUGHTER: (Not clear) . . . .
Discussion of the plat.
DAVENPORT: This is the administrative modification?
MILLS: The whole property at one time was subdivided into single family?
WALSER: No. it was never recorded.
MILLS: It vas n^t? But that is single family along the cove there.
BRYAN: You say that's okay, Mr. Davenport?
DAVENPORT: I understand what your point is. I think that the procedure was appropriate.
BRYAN: The adding of roads?
DAVENPORT: !fell, it's up to the board to decide what constitutes a major modification for
purposes of having their, under their own ordinance, and if they didn't feel that was a major
modification.
BRYAN: O.K.
DAVENPORT: You can ask the board if they think it was o.k., obviously.
'
BRYAN: Well, I really don't want to appeal it to them, it's just something else that, in my
opinion, the addition of a road is a major change. I do not believe you can take. a recorded plat
and without due process cut additional roads and still have the same thing. I'm not an attorney,
but I don't think that's allowable. I dnn't think it can be administratively. I think when a plat
is changed, it's got to be done, especially a PRD, through a special hearing process, which is what
we are doing right now. So I suggest to you and to the board that those modifications were not done
correctly, moving by the 18' and the cutting of the road, and I also submit to the board that the
legal document from which you have been asked to approve the plat is incorrect. And you previously
took action on the other one because it was off 15' because the plat is not correct and it just
seems to me that we have anothar example of the same thing here. Be that as it may, that's up to
you to decide, not for me to decide. I didwant to bring it to your attention.
I'll try to talk a little slower and a little louder, because to keep myself awake as well as
much as any of you people.
Mr. Chairman, Mr. Davenport, Commissioners: This is pretty much the last hurrah, I'd say. The
real issue is not Hcronwood, because there are other Heronwoods right behind them. They're coming.
The real issue here is Lake Norman. We tend to forget that. We talk so freely about density and
population and this has been done and that has to ba done, because it has to be done, this is the
best way to do it. There's a little fallacious thinking there. The only time things have to be
done is when things have to be done. For example, if a hospital has to be located or a school had
to be located around Lake Norman, yes, you've got to do something. That serves the public need,
that's public welfare. But because someone wants to put high density housing on the lake, that's
not public welfare; that's mer,ly letting a developer do something that the land would not ordinari-
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