Agenda - 02-20-2001-9e - Laserfiche WebLink

Browse Search

2 9 Section 4.3 (Permitted Uses) of the Zoning Ordinance does not allow for the establishment and operation of a motor vehicle repair garage within the RB Zoning District. The use is also not permitted within the EC -5 (Existing Commercial) Zoning District as was once applied to a portion of this property, and found to be an invalid zoning classification of the property. Also, Section 6.23.1 (Land Use Restrictions) of the Zoning Ordinance states that commercial uses are not allowed in the UNIV -PW. On May 2, 1996, you were issued a Home Occupation Permit to operate your business on the property in question. An appeal of the issuance of the Home Occupation Permit was heard by the Orange County Board of Adjustment on August 12, 1996, and the issuance of the Permit was held to be in error. On October 14, 1996 you were ordered to cease the operation of the business within thirty (30) days. This decision was appealed to Orange County Superior Court, and returned to the Board of Adjustment to make findings of fact. On August 10, 1998, the Board once again heard the case and determined that the Permit had been issued in error. You were ordered by Mr. Hinkley to cease and desist conducting all business operations on and from the premises on or before February 22, 1999. You did not close your business by that date at the location. You were then ordered to cease and desist all operations on and from the premises on or before September 20, 1999. You were advised by Mr. Hinkley that this matter would be referred to the courts for settlement. Due to the continuation of this violation and the ignoring of previous citations, I will be swearing out a criminal warrant for the violation this week. I will also be requesting the Board of County Commissioners to assess you civil penalties in the amount of $100.00 per day, beginning on January 6, 2001, and continuing until the violation has ceased, in the event that you do not comply with the criminal warrant. This action is being taken in the event you do not cease operations of the business. This action is being taken under Article 23 (Violations, Remedies and Penalties) of the Orange County, N.C. Zoning Ordinance. A copy of this Article is attached. Please call me at (919) 245 -2607 if you have questions. Sinc ely, /L' Tom King Planner II /Zoning Enforcement Officer Attachment (1) cc: Craig N. Benedict, AICP, Planning Director Robert P. Davis, AICP, Planner III /Current Planning Supervisor Harmony Whalen, Orange County Attorney's Office Robert H. Smith, Attorney & Counselor at Law Zoning Violation File (M. Henry Wilson.544)