Orange County NC Website
little garage on Farrington Road where he worked on cars. If one was out <br />there wrecked and he needed the motor, he would go out there and pull the <br />engine out of the wrecked car and put it in another car and at that time <br />he was working for Mr. Martin. That was in 1976 or 1977. <br />Commissioner Crowther asked if Mr. Martin received money for this <br />and Mr. Combs said yes. Commissioner Crowther asked if there were any <br />receipts available. Mr. Combs said that Mr. Martin is dead and he has no <br />idea. <br />Commissioner Crowther asked if Mr. Martin had a business license and Mr. <br />Combs did not know. Mr. Smith, attorney for Mr. Wilson asked if they used <br />cutting tools to cut apart cars and Mr. Combs said yes. Mr. Combs was <br />asked if he had receipts and records when he owned the business and he <br />said yes. <br />Mr. Robert Smith, attorney for Mr. Wilson, said he was at the <br />public hearing at which the property was eventually rezoned for Mr. Combs. <br />At that hearing they focused basically on the salvage yard because that is <br />what Mr. Combs was doing at the time. He honestly felt that there was <br />sufficient evidence that cars had also been worked on but obviously the <br />judge felt different. Part of the problem is that there is an unusual set <br />of definitions in the Zoning Ordinance. There is a category called motor <br />vehicle maintenance and repair which sounds like the more traditional <br />working on cars but is somewhat defined more like a body shop. There is <br />another category in the Zoning Ordinance which sounds more like the <br />traditional working on cars which says motor vehicle repair garage which <br />includes major mechanical repairs, engine overhaul and transmission work. <br />For some reason, that is not in the permitted use table. He feels that it <br />was probably intended to be part of the EC-5 but it was not. Mr. Reid has <br />mentioned that he may have receipts which may prove some of this activity. <br />He also talked with Mr. Reid's brother who stated he was also familiar <br />with this property. He will submit testimony later either by affidavit or <br />letter. <br />Larry Reid said that his brother Michael and a friend David <br />Nickinson both had hotrods or race cars and Mr. Martin's son was also a <br />race driver and they swapped parts pulling parts off of one car and <br />putting on another. He is almost positive that he has the receipts. He <br />had several parts replaced on his car. He said that he guarantees that <br />money changed hands. He was asked if his brother could have swapped a <br />part and Mr. Reid said no. He paid for some parts but he is not sure <br />which parts. <br />Barton (Buz) Lloyd said that he owns land adjoining to what was then <br />Mr. Combs' operation. He feels there are two or three basic issues. One <br />is the definitional issue, namely, did the activities alleged to have <br />taken place on the property up to and since 1981 constitute what is <br />required to justify an EC-5 zoning. Before Mr. Wilson purchased the <br />property, Mr. Lloyd made it clear to the real estate agent who listed this <br />property that he intended to appeal the rezoning decision. His concern is <br />that the piece of property that he developed and invested in adjoins a <br />piece of land which, by consensus of an attorney representing either Mr. <br />Combs or the previous owner Mr. Martin and the staff of the Planning <br />Department of Orange County, was a nonconforming use. He was motivated to <br />file the complaint only when Mr. Combs clear-cut an additional acre of <br />land and through a barter arrangement had the topsoil striped in return <br />