Orange County NC Website
Browse       Search
• <br /> \c\ <br /> APPROVED BY THE BOARD OF COMMISSIONERS ON 5/x/87 <br /> MINUTES <br /> ORANGE COUNTY BOARD OF COMMISSIONERS AND <br /> THE PLANNING BOARD <br /> JOINT PUBLIC HEARING <br /> MARCH 10, 1987 <br /> The Orange County Board of Commissioners met in joint session with the <br /> Orange County Planning Board on March 10, 1987 at 7: 30 p.m. in the Cultural <br /> Arts Center, Chapel Hill High School, Chapel Hill, North Carolina for a <br /> quarterly joint planning public hearing. <br /> BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners <br /> Moses Carey, Jr. , John Hartwell, Stephen Halkiotis and Don Willhoit. <br /> PLANNING BOARD MEMBERS PRESENT: Barry Jacobs (Chair) , Chris Best, Dan <br /> Eddleman, Peter Kramer, Mike Lewis, Betty Margison, Sharlene Pilkey, Brenda <br /> Swann, Prince Taylor, Carl Walters, and Steve Yuhasz. <br /> A. BOARD COMMENTS <br /> Chair Marshall apologized for the notices being sent out late to those <br /> citizens who reside in the Rural Buffer area. She stated that notices had <br /> been published in the newspapers. <br /> B. AUDIENCE COMMENTS <br /> 1. MATTERS ON THE PRINTED AGENDA <br /> Those who had signed up to speak will be recognized at the <br /> appropriate time. <br /> 2 . MATTERS NOT ON THE PRINTED AGENDA <br /> None. <br /> PUBLIC CHARGE <br /> Chair Marshall read the Public Charge as stated in the agenda. <br /> County Attorney Geoffrey Gledhill made reference to the recommendation <br /> made in the Rural Buffer Study that would allow property owners of record <br /> in the RB to create one lot for each child which would be exempt from the <br /> size requirements of the RB zoning classification. He stated that there <br /> are also two other amendments that are related to that exemption and they <br /> would not be necessary if the Board accepts his recommendation to not <br /> permit an exemption for special consideration for children or family <br /> members. He continued, stating that, in his opinion, the County would be <br /> either without authority to do that or would in other ways violate the laws <br /> of the United States and North Carolina. He cited the 14th amendment of <br /> the U.S. Constitution which requires equal protection under the laws that <br /> regulate land use. The focus of the power of planning enabling legislation <br /> is on the use of the property rather than on the ownership. There is no <br /> rational basis under the law for distinguishing between owners of property <br /> when the use of the property is identical. The North Carolina Constitution <br />