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053 <br /> LAW OFFICES <br /> COLEMAN, GLEDHILL & HARGRAVE ALONZO BROWN COLEMAN.JR. <br /> A PROFESSIONAL CORPORATION GEOFFREY E.GLEDHILL <br /> DOUGLAS HARGRAVE <br /> 129 E.TRYON STRFET <br /> KIM K.STEFFAN <br /> P.O.DRA%TR 1529 <br /> HILLSBOROUGH,NORTH CAROLINA 27276 DOUGLAB.S P P..THOREN <br /> DOUG <br /> (919)732-2196 DA TTON <br /> FAX(919)732.7997 SAMUEL ELY COLEMAN <br /> March 7 , 1995 <br /> Mr. Marvin Collins <br /> Planning Director <br /> Orange County Planning Department <br /> Post Office Box 8181 <br /> Hillsborough, North Carolina 27278 <br /> RE: Special Use Permits <br /> Dear Marvin: <br /> As you know, of late I have been busy with appeals of Board <br /> of Adjustment decisions . That activity has alerted me to what I <br /> see as a source of ambiguity in the special use permit <br /> application process and the need to modify the Board of <br /> Adjustment 's Rules of Procedure. <br /> Presently Section 8 . 2 . 1 of the Zoning Ordinance places the <br /> burden of proof on the applicant to prove the general conditions <br /> listed as ( 1) , ( 2 ) and ( 3) under subsection b) . Section 8 . 2 . 2 <br /> then purports to shift the burden of proof on those same matters <br /> to opponents of the special use permit. I think this process <br /> should be revised. <br /> The burden should continue to be the applicants to prove <br /> Section 8 . 2 . 1 .b, ( 1) , (2 ) and ( 3) . Opponents of an application, <br /> on the other hand, should have no burden with respect to the <br /> matters contained in Section 8 . 2 . 2 (b) and (c) . Opponents of an <br /> application will, of course, have the opportunity to present <br /> evidence on the matters contained in those subsections . <br /> Enclosed is a rewrite of Section 8 . 2 . 2 with highlighted <br /> (new) and cross through (eliminated) language that accomplishes <br /> this change. My reason for recommending that this change be made <br /> is to make it absolutely clear that the applicant has a burden to <br /> make a showing with respect to value of contiguous property and <br /> that the use must be in compliance with the County's "general <br /> Plan" for development . These two items are fact specific and can <br /> be readily established by evidence available to the applicant at <br />