Orange County NC Website
Browse       Search
23 <br /> 1 Craig Benedict said yes, but it will not be within the fenced area. <br /> 2 Chair Price said if it was not being rezoned, could the Applicant have erected the <br /> 3 storage shed without the involvement of the BOCC. <br /> 4 Craig Benedict said because it is part of a rezoning process, the County must approve <br /> 5 anything that is within the area. <br /> 6 Chair Price asked if the zoning were approved tonight, and the owner wanted to put up a <br /> 7 shed in the future, would he need to come back before the Board. <br /> 8 Craig Benedict said if the impervious parameters stayed intact then yes, the owner could <br /> 9 erect the shed without the BOCC's permission. <br /> 10 Commissioner Greene echoed Chair Price's question, and said if the answer is yes, then <br /> 11 she does not see a problem with approving it at this meeting. <br /> 12 Commissioner McKee said his understanding is that conditional zoning was to make the <br /> 13 process smoother and quicker, so applicants did not have to keep coming back. He said this <br /> 14 type of shed is a reasonable request <br /> 15 <br /> 16 A motion was made by Commissioner Dorosin, seconded by Commissioner Greene to <br /> 17 close the public hearing. <br /> 18 <br /> 19 Roll call ensued <br /> 20 <br /> 21 VOTE: UNANIMOUS <br /> 22 <br /> 23 Michael Harvey said if the Commissioners intend to take action, the action needs to <br /> 24 include language that the request was approved, as amended, to include a 20 by 30 foot <br /> 25 storage shed. <br /> 26 <br /> 27 A motion was made by Commissioner McKee, seconded by Commissioner Greene to <br /> 28 approve statement of consistency (attachment 8) and approve ordinance amending the Orange <br /> 29 County zoning atlas with the addition of a condition imposed by the applicant to place a 20 by <br /> 30 30 storage shed for equipment to maintain the property, contingent on whether or not comments <br /> 31 are received by the deadline. <br /> 32 <br /> 33 Commissioner Dorosin asked if the Board will have to come back and vote again If any <br /> 34 public comments are received. <br /> 35 John Roberts said yes. <br /> 36 Commissioner Dorosin said this is a good motion, but wants to be consistent with other <br /> 37 zoning amendment applications, and should the Board allow 24 hours for comment prior to <br /> 38 voting. <br /> 39 John Roberts said it is acceptable to do this for non-controversial items, because the risk <br /> 40 is low. He said he would advise a much stricter adherence to the process with any items that <br /> 41 are controversial and could lead to litigation. <br /> 42 Commissioner Greene said the County Attorney's advice makes sense to her, and she <br /> 43 supports this procedure. <br /> 44 John Roberts said Orange County is not the only entity that does this practice, and there <br /> 45 are other communities that follow this process, including Raleigh and either Mecklenburg <br /> 46 County or Charlotte. <br /> 47 Commissioner Hamilton said it is important to be consistent with previous items, and she <br /> 48 will not vote in favor of this motion. She said she has nothing against this project, but feels <br /> 49 strongly that the process should be followed, and action not taken on the fly. <br /> 50 Chair Price said the Board has done this before, and it is not really acting on the fly. <br /> 51 <br />