Orange County NC Website
Browse       Search
APPROVED 10/13/2014 <br />OC Board of Adjustment – 8/27/2014 Page 58 of 64 <br /> <br /> <br />STAFF COMMENT: The <br />Board will need to <br />determine if there is <br />sufficient evidence proving <br />this point and then vote on <br />a motion indicating the use <br />is, in fact, a public <br />necessity. <br /> 1 <br />MOTION by David Blankfard that the use will maintain or promote the public health and safety, general 2 <br />welfare if located where proposed if developed and operated according to the plan as submitted. Based 3 <br />on the fact that the installation of the pipeline is a public necessity as stated in North Carolina Statute 4 <br />62.6 and therefore the use does not need to maintain or enhance the value of contiguous property and 5 <br />also that the path of the pipeline, the majority of it, will be in existing easement that currently holds a 6 <br />pipeline that has been in effect since 1952. Seconded by Jeff Schmitt. 7 <br />VOTE: Unanimous 8 <br /> 9 <br />Karen Barrows: I would just like to say unless this Board, a public necessity, I would vote no. Because 10 <br />we’ve had enough testimony that it has tended to be injurious. 11 <br /> 12 <br />Jeff Schmitt: I agree. 13 <br /> 14 <br />Larry Wright: Ok, so we’re on page 282. Ordinance requirements for Section 5.3.2.a.2.c. Do I have a 15 <br />motion? 16 17 <br />Ordinance <br />Requirements <br />PLANNING <br />STAFF <br />RECOMMENDED <br />FINDINGS <br />EVIDENCE SUBMITTED <br />TO SUPPORT <br />FINDINGS <br />BOA <br /> FINDINGS <br />Section 5.3.2 (A) (2) (c) <br /> <br />The location and character <br />of the use, if developed <br />according to the plan <br />submitted, will be in <br />harmony with the area in <br />which it is to be located and <br />the use is in compliance <br />with the plan for the <br />physical development of <br />the County as embodied in <br />these regulations or in the <br />Comprehensive Plan, or <br />portion thereof, adopted by <br />the Board of County <br />Commissioners. <br /> Is __ Is Not Staff will remind the Board <br />there is the following <br />information available, as <br />submitted by the applicant, <br />related to addressing this <br />requirement: <br />• The application <br />package and project <br />narrative contained <br />within Attachment 2 of <br />the abstract. <br />• The submitted site plan <br />denoting the projects <br />compliance with the <br />UDO. <br />• Staff’s abstract. <br />• Testimony from the <br />public hearing. <br /> Is __ Is Not <br /> 18 <br />MOTION by Mark Micol that the location character of the use if developed according to the plan 19 <br />submitted will be in harmony with the area in which it is to be located and use is in compliance with the 20 <br />plan for the fiscal development of the County as embodied in these regulations or in the Comprehensive 21