AG 1997 09 15 - Laserfiche WebLink

Home Browse Search

Mr. Richard Koch, Attorney for the Planning and Zoning Commission, stated he is not familiar as such with the appeal other than what was stated in the staff's analysis on this petition. He said when it is appealed from a decision of a Superior Court Judge to the North Carolina Court of Appeals which is where the case on the Wilson's property is. Mr. Koch said he cannot tell the Board what the approximate time is that it will take to have that heard in a court of appeals, but it could be as much as two years from the time that it was appealed to the time the decision is rendered. He said if that decision by the Court of Appeals is not to the liking of one or the other parties, it can be appealed to the North Carolina Supreme Court. Mr. Dwiggins said to the Board that that rezoning was never passed by the Planning and Zoning Commission. In both cages when it came before the Board, the Board felt like it was spot zoning and declined it, it was appealed to the Commissioners. The first time, the Commissioners turned the rezoning down. The Chair opened the Public Hearing on Petition 97-14. Mr. Carl Hill, Property Owner, addressed the Board presenting them with the Summary Judgment from Superior Court Judge Beale, stating the Planning Department presented a proposal to the Board approximately a month ago. On the seventh of this month, the Planning Department presented the same proposal to the residents of the Midland area. The proposal was to increase the industrial zoning on 601 south and south of 24/27 and to increase some commercial areas on 24/27 corridor. Mr. Hill said one of the questions asked at the Midland meeting was there any intent to rezone anything north of 24/27. He said they were told there was not. He said in the handout from Judge Beale, he found the Wilson zoning illegal. Mr. Hill said the Judge also stated that the Commissioners acted in excess of their authority. Parts of the decision were based on poor following of principles that were very obvious because these were the principles laid down by the North Carolina Supreme Court. There was no reasonable basis for the rezoning. Mr. Hill said rezoning this piece of property for this use, does not match their community needs at all. Their homes are single family and they would like to keep them that way. If they wanted to purchase an area in an commercial area, they all would have done that. He said he is asking the Board to help them retain their identity as a rural area because that it what they are, because there are ample, ample places that are zoned for both commercial,, industrial, and light industrial in the area. Mr. Samuel Wilson, Property Owner, addressed the Board stating his property adjoins Mr. Peter-tan for 900 and some odd feet on the property line. He said Mr. Peterman's business is not going to affect him in no kind of way. Mr. Wilson said to the citizens of Midland that there is going to be a business on his corner down the road, whether it is under Low Density Residential or under the zoning change.