Agenda - 11-24-2008 - c4 - Laserfiche WebLink

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The Law Office of Steve F. Yuhasz, PLLC 226 South Churton Street Hillsborough, NC 27278 (919) 644-0123 Fax (919) 644-1177 September 17, 2008 Vernon Davis rezoning request TM 6.30-.7M PIN 9749-40-0293 JUSTIFICATION FOR REZONING This request is to rezone a portion of the tract from AR to NC-2, as shown on the accompanying sketch. If the rezoning is allowed, the rezoned portion of this parcel will be recombined with the adjoining parcel to create a 1.16 acre lot. This entire tract was the subject of a request to rezone to AS in 1995. During the review of that rezoning request, it was notice ' d that a septic system easement had been placed on this property for the benefit of the adjacent 0.12 acre tract, zoned NC-2. Approximately one acre of this tract is currently encumbered by the septic system easement. During that previous review, a policy was established that prohibited the installation of septic systems serving non-residential properties on land zoned for residential purposes. The septic system on this lot, having already been legally installed, and being necessary for the safe and healthy operation of the retail store on the NC-2 parcel (which does not contain sufficient area for the installation of a system) was allowed to continue in operation. The rezoning to AS for this parcel was, however, denied. The store has continued to operate through the intervening years. Recently the North Carolina Department of Transportation has published plans for 'improvements to the N.C. 54 - White Cross Road intersection. These road improvements will limit the available parking and access to the retail store. The purpose of this rezoning request is twofold- to include, the septic system serving the store in the same zoning designation as the store, and to include sufficient area within the NC-2 lot to allow the building to be relocated farther from the road and to relocate the access drive and parking to a safer and more convenient location. When zoning was introduced to Bingham Township, the parcel containing the store was in different ownership than the surrounding property. It was not possible, at that time, to create a bigger lotto contain the store. The NC-2 zoning designation assigned to the parcel was a clear indication of the intention to create a non-residential presence in the southwest quadrant of the intersection. This rezoning will fulfill the promise of that initial zoning decision by creating a lot capable of existing as an effective and separate non-residential parcel.