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PH ORD-1996-025 Zoning Atlas Amendments Article 4.2.26, Article 6.24, Z-5-96 Efland Setback Overlay District
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PH ORD-1996-025 Zoning Atlas Amendments Article 4.2.26, Article 6.24, Z-5-96 Efland Setback Overlay District
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8/11/2015 4:37:15 PM
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BOCC
Date
8/26/1996
Meeting Type
Public Hearing
Document Type
Ordinance
Agenda Item
C1a-2a
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Agenda - 08-26-1996 - C1a & 2a
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\Board of County Commissioners\BOCC Agendas\1990's\1996\Agenda - 08-26-1996
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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 /> in the area. Renee Price, Planning Board member, asked if there were other similar requests from property owners <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 in existence 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 <br />
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