Orange County NC Website
066 <br /> Article 8 .2.2 states that where a preponderance of evidence indic •s <br /> compliance with the general standards, specific rules governing the specific <br /> use, and that the use complies with all required regulations and standards, <br /> the application must be approved unless it is found , in some specific manner , <br /> that : <br /> 1 . The use will not promote the public health , safety and <br /> general welfare if Located where proposed and developed <br /> and operated according to the plan as submitted ; <br /> 2. The use will not maintain or enhance the value of <br /> contigous property; <br /> 3 . The use is not in compliance with the general plans for <br /> the physical development of the county as embodied in <br /> these regulations or in the Comprehensive Plan , or portion <br /> thereof, adopted by the Orange . County Board of <br /> Commissioners . <br /> The burden of proving one or more of the above findings is on those opposing <br /> the application . The •proof must also be in the form of competent material <br /> and substantial evidence. <br /> No information has been received which would establish grounds for making one <br /> or more of the above findings . <br /> 410 <br /> The Planning Staff has reviewed the application , the site plan and all <br /> supporting documentation and has found that the applicant does comply with <br /> the general standards, specific rules , and required regulations with the <br /> exception of screening , Landscaping and Lot size requirements . <br /> Given the nature of the request and the intent to Limit the area of expansion <br /> to the minimum necessary to provide for the runoff control facilities and <br /> parking associated with the vehicles to be cleaned on the site , and the <br /> potential pollution problem to be addressed by the proposal , staff recommends <br /> that the Boards recognize the limits of the applicant ' s ability to satisfy <br /> the minimum Lot size requirements specified in the planned development <br /> provisions and make the following finding under Section 7 .3 : <br /> "where actions , designs, or solutions proposed by the applicant <br /> are not literally in accordance with applicable PO or general <br /> regulations, but the Board of County Commissioners make a <br /> finding , in the particular case, that public purposes are <br /> satisfied to an equivalent or greater degree, the Board of <br /> County Commissioners may make specific modification of the <br /> regulations in the particular case 111 <br /> The Planning Staff does , however , recommend approval with the attachment of <br /> conditions as follows: <br /> 1 . The grantee of this Special Use Permit shall . post with Orange <br /> County, in a form acceptable to the County Attorney , a bond or <br />