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07i. D538Fir <br /> MINUTES <br /> JOINT PUBLIC HEARING <br /> MARCH 10, 1987 <br /> The Orange County Board of Commissioners met in Joint session with <br /> the Orange County Planning Board on March 10, 1987 at 7 :30 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, <br /> Dan Eddleman, Peter Kramer, Mike Lewis, Betty Margison, Sharlene Pilkey, <br /> Brenda Swann, Prince Taylor, Carl Walters, Steve Yuhasz. <br /> • <br /> A. BOARD UMMENT/ <br /> Chair Marshall apologized for the notices being sent out late to <br /> those citizens who' reside in the Rural Buffer area. She stated that <br /> 'otices . had been published in the newspapers. <br /> AUD LENCE QPMPENTS. <br /> 1 - MATTERS_ ON T95 PR I j(TED AGENDA <br /> Those who had signed up to speak will be recognized at the <br /> appropriate time. <br /> 2. MATTERS NOT ON Ti5 PRINTED AGENDA <br /> None. <br /> PUBLI; CHARGE <br /> Chair,. Marshall read the Public Charge as contained in the agenda. <br /> County Attorney Geoffrey .Gledhill made reference to the provision in <br /> -he Rural Buffer Study that would allow property owners of record in the RB <br /> -o create one lot for each child which would be exempt from the size <br /> equlrements of the RB zoning classification . He stated that there are <br /> = 1s0 two other amendments that are related to that exemption and they would <br /> :ot be necessary If the Board accepts ey recommendation to not permit an <br /> -xemption for special consideration for children or family members. He <br /> -ontinued stating reasons for his recommendation against allowing the <br /> xemption, is that in his opinion the County would be either without <br /> uthority to do that or would in other ways violate the laws of the United <br /> totes and North Carolina. he cited the 14th amendment of the U.S. <br /> onstitution which requires equal protection under the laws that regulate <br /> and use. The focus of the power of that legislation is on the use of the <br /> roperty rather than on the ownership. There is no rational basis under <br /> ne law for distinguishing between owners of property when the property is <br /> dentical . The North Carolina Constitution hes a similar provision <br /> rticle 1 , Section 19 says that no person shall be denied equal protection <br />