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John McCormick, the property owner who requested this change, owns six lots on Gains Chapel Road <br />He stated that it is a hardship to require 40 foot setbacks for this property. He is trying to build affordable housing in <br />the Efland area and has devised a house plan that would fit the lots. These setbacks would make it impossible to <br />build the number of units which he has planned. He stated that current setbacks for one acre lots are unreasonable. <br />He has already built three homes and has building permits for 3 more units. He asked that this area be zoned to <br />densities similar to those for in-town development. <br />Renee Price, Planning Board member, asked if there were other similar requests from property owners <br />in the area. <br />Mr. McCormick indicated that he had not actually heard similar complaints but he was <br />assuming that he was not the only property owner facing this difficulty. He stated that he is building 1200 square foot <br />homes which are listing for $98,400. He mentioned Lloyd Road which is a gravel road that runs parallel to Gaines. It <br />is 20 feet wide and has been inexistence for 20 years. He did not feel that he had a responsibility to improve this <br />road. He said that if he did combine lots in order to meet current zoning requirements, he would have to combine <br />three lots to build one home. <br />Mary Willis mentioned that there are other residents who have non-conforming lots, however <br />there are no other homeowners who have building permits or homes in progress. <br />Samuel English, an Efland resident, felt that it was a mistake to zone any of this area to R-5. R-1 is a <br />designation meant for a city, not an area like Efland. This community is not ready for this type of development. There <br />is not enough water and sewer available for current residents. Allowing this change in the zoning would mean that <br />homes would be built too close to each other. He asked that the Board of County Commissioners not approve this <br />request. <br />A motion was made by Commissioner Gordon, seconded by Commissioner Crowther, to refer this item to the <br />Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 1, 1996 <br />VOTE: UNANIMOUS <br />(b) Z-6-96 - Charles Davis <br />This item was presented by Eddie Kirk to receive citizen comment on a proposed Zoning Atlas <br />amendment in Hillsborough Township. The property proposed to be rezoned is located on the east side of Old NC 86 <br />and is bounded by Cates Creek and the Town of Hillsborough Zoning Jurisdiction to the northwest and the 1-40/NC 86 <br />Economic Development District to the south. The 105 acres which is in Orange County's jurisdiction is currently zoned <br />Rural Residential (R-1). The applicant proposes to rezone the property to Residential-3 (R-3). <br />COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS - None <br />COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD - None <br />COMMENTS AND/OR QUESTIONS FROM CITIZENS <br />Judy Brown, a resident of Stage Coach Run, spoke in opposition to the proposed amendment changes for <br />certain lots which she felt were actually a part of Stage Coach Run and could not be changed without permission from <br />the Home Owners Association. <br />Mary Willis explained that there was originally a part of Stage Coach Run which did extend into the area <br />mentioned by Ms. Brown. However, that area was recombined, eliminated from Stage Coach Run and put back into <br />one tract. <br />Geof Gledhill mentioned that private restrictive covenants do not restrict the County from rezoning. However, <br />the residents do not have to allow the denser development in their community. The original covenants can be enforced <br />by the Home Owners Association regardless of the zoning. <br />Dean Lategan, a resident of Stage Coach Run, spoke in opposition to the proposed amendment change as <br />they would effect Lots 1, 2, 4 and 5 in Section A and Lot 1 in Section B. He stated that those lots are actually a part of <br />Stage Coach Run. He did not believe that Mr. Davis has the right to exclude any lots from the subdivision without <br />permission from the Homeowners Association. The Association is willing to take this matter to court if necessary. They