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that is Hat a zoning that allows a motor vehicle repair garage. He said that it was further a violation of <br />the zoning ordinance far a business that has any commercial or industrial use to be located in the <br />University Lake Watershed. This property is in the University Lake Watershed. In addition to a motor <br />vehicle repair garage, Mr. Wilson still rents at least to one if not multiple residents on the property. He <br />said that Mr. Wilson has never responded to questions raised as to the adequacy and the legality of <br />the septic systems required by the Health Department for multiple residential uses and business on <br />one single lot. He said that the adjoining landowners have the Wilson property in back of their <br />property and it was clearly in view. He said that Mr. Wilson knew when he bought this property that it <br />was not zoned for a repair shop. He stated that Mr. Wilson has been in violation for ten years. He <br />asked far the County Commissioners to administer civil penalties. <br />Commissioner Gordon said that an argument has been made and she asked Geoffrey <br />Gledhill for his analysis. Geoffrey Gledhill made reference to a letter that he wrote to the Board of <br />County Commissioners and said that the use that Mr. Wilson is using his property for is not a <br />permitted use in the AR, RB, or EC-5 district. He said that the only way that you can use your <br />property far a use that is nonconforming, under North Carolina law, is if the use was there prior to the <br />time the zoning was put in place or if there was a use that at some time was conforming and the <br />regulations have changed to make it nonconforming. He said that neither of these situations applies <br />in Mr. Wilson's case. <br />Commissioner Gordon said that it was important to note that over 500 people signed the <br />petition. However, she sees no legal way to avoid the civil penalties. She does feel sympathy for Mr. <br />Wilson. <br />Commissioner Carey said that he has heard this information over the last 12 years and he <br />feels that the County Commissioners need to support the County's Zoning Ordinance. He said that <br />he would consider changing the date to begin the civil penalties. <br />A motion was made by Commissioner Carey to impose the civil penalties effective March <br />20tH if the problem is not corrected within the next 30 days. <br />The motion died for lack of a second. <br />Commissioner Brown said that she was on the Planning Board when this issue was <br />discussed during the court decision. Her perspective is that this has been pursued due to a private <br />person making a complaint to the Planning Department. One of the issues was whether this was a <br />continuation of a previous use. She knows that Mr. Martin, a previous owner, used this property as a <br />repair shop because she took her car out there far repair. She feels that this use was one that was <br />Hat supported once houses were built in the area. She does Hat want to see an old-time use being <br />driven out of the County. She said that she remembers seeing pictures of cars stacked up, but this <br />has been totally cleaned up. She would certainly live next door to this repair shop. She does not see <br />what the problem is. She would vote to have this grandfathered in. She thinks it is an insult to Mr. <br />Wilson to fine him. <br />Commissioner Jacobs said that the issue seems to be whether this is a use that had taken <br />place prior to zoning <br />Geoffrey Gledhill said that the facts that are in evidence are that the property was a <br />junkyard operation and repairs do occur from time to time at a junkyard. Whatever repair work was <br />going an was incidental to the junkyard operation. He said that you would be proud of the use of the <br />property now but not as a junkyard. He said that the only solution would be to open up the EC-5 <br />zoning district and allow this use in an EC-5 zoning district. <br />Commissioner Brown feels it was a repair facility in the old tradition of country garages. <br />She said that this was not an illegal operation until suburbia moved in. <br />Commissioner Gordon said that she understands both sides and respects their <br />perspectives but she cannot get past the legal analysis that was provided by Geoffrey Gledhill in his <br />letter. She read from his letter as follows: "Although a legal argument can be made that a use <br />permitted in an EC-5 zoning district would be nonconforming to continue when an EC-5 district was <br />rezoned to a residential township, that argument does not help Mr. Wilson. This is because Mr. <br />Wilson's use of the property in 1993 when he purchased the properly from Mr. Combs, after it was <br />zoned EC-5, did not and does not now conform to the uses permitted in an EC-5 zoning district. Mr. <br />Wilson's use of this property then and now can be fairly characterized as a motor vehicle repair <br />