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Attachment 6 <br />43 <br />ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS <br />RESOLUTION OF DENIAL OF A CLASS A SPECIAL USE PERMIT <br />FOR A PRIVATE SCHOOL AT 711 TERRY ROAD (SR 1573) <br />Lisa Wallace /Case Number A-2-08 / 711 Terry Road <br />The Board of County Commissioners (hereinafter "Board") of Orange County, North Carolina, <br />having conducted a public hearing on the Class A Special Use Permit (hereafter `SUP') <br />application on June 24, 2008 and, having considered all written and oral evidence presented at <br />such hearing(s) and incorporated into the record, hereby determines that the findings for granting <br />the SUP approval under the Orange County Zoning Ordinance (hereafter `the Ordinance") have <br />not been met, and the SUP requested is hereby denied. <br />THE BOARD HEREBY MAKES THE FOLLOWING FINDINGS OF FACT AND <br />CONCLUSIONS OF LAW BASED ON THE EVIDENCE PRESENTED AT THE <br />PUBLIC HEARING OR OTHERWISE INCLUDED IN THE HEARING RECORD: <br />1. That the use will not maintain or enhance the value of contiguous property (unless the <br />use is a public necessity, in .which case the use need not maintain or enhance the value of <br />contiguous property). <br />Orange County Zoning Ordinance Section 8.2.1 requires that, "[bJefore any application for a <br />Special Use Permit shall be approved: The applicant shall have the burden of establishing, by <br />competent, material and substantial evidence, the existence of the facts and conditions which this <br />ordinance requires for approval." <br />Section 8.2.1 also requires the Board to make written findings certifying compliance with the <br />specific rules governing such individual Special Uses and that the use complies with all required <br />regulations and standards including the general condition contained in Section 8.2.1(b)(2) of the <br />Ordinance which reads in pertinent part as follows: "The use will maintain or enhance the value <br />of contiguous property ... " <br />In rendering this decision, the Board finds as follows: <br />1. There was no arguments presented by the applicant indicating that this proposed use was <br />a `public necessity' thereby eliminating the need to submit competent, material, evidence <br />that the use will maintain or enhance adjacent property values, <br />2. Mr. Jeff Odell, an experienced residential real estate appraiser, submitted an `impact <br />analysis' concerning the impact the proposed private school would have on an adjacent, <br />