Agenda - 10-07-2008 - 5a - Laserfiche WebLink

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Attachment 5 41 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION OF APPROVAL OF A CLASS A SPECIAL USE PERMIT FOR A PRIVATE SCHOOL AT 711 TERRY ROAD (SR 1573) Lisa Wallace /Case Number A-2-08 / 711 Terry Road The Board of County Commissioners (hereinafter "Board") of Orange County, North Carolina, having conducted a public hearing on the Class A Special Use Permit (hereafter `SUP') application on June 24, 2008 and, having considered all written and oral evidence presented at such hearing(s) and incorporated into the record, hereby determined that the findings for granting the SUP approval under the Orange County Zoning Ordinance (hereafter `the Ordinance") have been met, and the SUP requested is hereby approved. THE BOARD HEREBY MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS OF LAW BASED ON THE EVIDENCE PRESENTED AT THE PUBLIC HEARING OR OTHERWISE INCLUDED IN THE HEARING RECORD: 1. The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted; 2. The use will maintain or enhance the value of contiguous property; and 3. The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. Orange County Zoning Ordinance Section 8.2.1 requires that, "[bJefore any application for a Special Use Permit shall be approved: The applicant shall have the burden of establishing, by competent, material and substantial evidence, the existence of the facts and conditions which this ordinance requires for approval." Section 8.2.1 also requires the Board to make written fmdings certifying compliance with the specific rules governing such individual Special Uses and that the use complies with all required regulations and standards including the general condition contained in Section 8.2.1(b) of the Ordinance.