Orange County NC Website
Browse       Search
4 <br /> 1. <br /> 341 <br /> 2, <br /> 3. <br /> 4• Mr. Cannity: "The land was not posted within the prescribed <br /> 5. time limits for modification of the Special Use Permit. " <br /> 6. Mr. Kizer: "Did the adjoining landowners receive certified <br /> 7• copies, notice by certified mail of this public hearing?" <br /> 8. Mr, Cannity: "Not within the prescribed time limits." <br /> 9. Mr. Kizer then told Commissioner Whitted that there existed <br /> 10. sufficient question as to whether or not this public hearing was <br /> 11, being held in accordance with procedures as required within the <br /> 12. Zoning Ordinance. Mr. Kizer cOntinued: "Is there any new change <br /> 13. or modification that was presented at the public hearing?" Mr. <br /> 14. Cannity said, "There is no new information from the developers. It <br /> 15• is a request from the developers for the Board of Commissioners to <br /> 16. reconsider imposed conditions on the issuance of the Special Use <br /> 17. Permit. " <br /> 18. Mr. Kizer said this presented two questions: 1) is it a new <br /> 19. application or, 2) simply a request for reconsideration of the <br /> 20. same application. He added that the intent of the Planning Board <br /> 21• in drawing up the Zoning Ordinance was to prevent continual reap- <br /> 22. plication of the same request. <br /> 23. Mr. Geoffrey Gledhill , County Attorney, told the Board that <br /> 2I . due to the notices and land posting not being done within the pre- <br /> 25. scribed time limits as set forth in the Zoning Ordinance it appears <br /> 26. that there are "procedural problems" with holding this public hear- <br /> 27. ing. With regard to Mr. Kizer's question pertinent to a one year <br /> 28. time limit prior to reapplication, Mr, Gledhill said it was his <br /> 29. opinion that a Special Use Permit had been granted , not denied, <br /> 30. therefore, the one year time limit did not apply; the applicants <br /> 31. are asking for modification of an existing permit. <br /> 32. Mr. John Northen, Attorney for the developer, said his letter <br /> 33. asking that three condition& on the Special Use Permit be mod- <br /> 34. ified was to notify the Board that those conditions could not be <br /> 35. met and to request that they be modified. He asked the Board to <br /> 36. consider those conditions anyway since the developers had , at the <br /> 37. request of the Planning Staff provided certain information which i <br /> 380 they are prepared to present tonight. <br /> 39. <br /> 40. <br />