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Special Use Permits 1985 1 r r k . , , 11 . COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT FOR A DWELLING UNIT WITHIN A PRINCIPAL USE { 9 The County Commissioners for New Hanover County having held a public hearing on Monday, April I , 1985 to consider application number SUP No. 239 4/85 submitted by Reggie Honbarrier, a request for a special use permit to use the property located at the northside of Market Street, 600 feet west of Lennon Drive, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: I . The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-29 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development) . 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. Adequate water and sewage disposal facilities are available to the subject property. b. The site is located within the Winter Park Fire District. c. Adequate ingress and egress is provided to the site via US 17 (Market Street) . 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. The proposed dwelling unit will be occupied by a full time employee and his/her spouse. 72-29(2) b. All minimum side and rear yard requirements of the R-15 zone and the front yard requirements of the B-2 zone are met. 72-29(3) c. An open space area of twenty-five by fifty, which is equal to the total floor area of the dwelling unit is provided. 72-29 (4) d. The total floor area of the dwelling unit is not more than 50% of the total floor area of the principal use. Total floor area of principal use is 42,000 sq. ft. . Total floor area of the dwelling is 1250 sq. ft. 72-29(5) e. The dwelling unit will be located in the front building to the rear of the front office space. There is no interruption of the commercial frontage. 72-29(6) f. Two off-street parking spaces, in addition to the spaces required for i the principal use, are provided. 72-29(7) g. Buffering in accordance with zoning specifications will be provided. 67-2 i 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: I a. There was no evidence presented at the hearing to suggest the proposed I use would injure the value of adjoining property. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. The principal use and the dwelling unit would be located in a B-2 zoning district. Much of the property along Market Street is developed or zoned for commercial uses. b. The subject property is located on land classified Transitional on the Land Classification Map. More intense urban development is encouraged in the Transitional zones. 1. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of { SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) Other I . All other Federal , State and local regulations will be complied with. pfp Ordered this 1st day of April , 1985. •...•...•.•.` O � � ..Iry: .� CHAIRMAN(41 / • �l/••► •• : ti ••• CAPCtle } d pg� 4 r COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT FOR A NON-RESIDENTIAL OFF-STREET PARKING LOT The County Commissioners for New Hanover County having held a public hearing on Monday, April I , 1985 to consider application number SUP 238 4/85 submitted by Worsley Companies, Inc., a request for a special use permit to use the property located on the east side of Hillsdale Drive and immediately west of Worsley Companies, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: I . The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-28 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development) . 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. There are no water and sewer needs on the site. b. There are no structures planned for the site. c. There is no access directly onto Hillsdale Drive. 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. Buffering as per Section 67 is provided. b. The site adjoins parcels under the same ownership as the principal use. c. The site is not closer than 150 ft. to any street right of way that the principal use adjoins. d. There is no point of the proposed site more than 200 feet from the non- residential zoning boundary. e. The site adjoins the principal use for at least 25 feet. f. The site is a permitted special use and will be used solely for ground level parking. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: a. There will be no lighting. b. The property will be insulated from adjoining residential properties b } P P by a planted buffer consisting of trees, shrubs and dense foilage up to eight (8) Meet high. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In { support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. The site is classified as Transitional Land. Future intensive development is encouraged. b. The facility is located adjacent to existing commercial office facilities and is an appurtenant use of the Worsley Offices. r I 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT has been satisfied, IT IS ORDERED that the application for the issuance of SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) Other I . All Federal , State and local regulations will be complied with. 2. No night lighting. 3. The buffer yard on the southern property line will be extended 25 feet in width and be fully planted. Ordered this 1st day of April , 1985• pyaR CHAIRMAN ip t I al ` +� F 1, •••••••••• S4:21 CAa r ' a G e � SSS 3 +/ 4 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT FOR A COMMERCIAL MARINA The County Commissioners for New Hanover County having held a public hearing on Monday, April I , 1985 to consider application number SUP 241 4/85 submitted by Robert Pearsall and Natalie Nye, a request for a special use permit to use the property located at 55 Blossom Ferry Road, Northwest side, adjacent to Northeast Cape Fear River, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: I . The County Commissioners FIND as a FACT that all of the specific { requirements set forth in Section 72-31 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. (Specify which requirements, if an y, are not satisfied by the proposed development) . 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. The location of gasoline storage will be in accordance with State and local guidelines. b. A well and septic tank have been approved for the site. c. Adequate ingress/egress is provided to Blossom Ferry Road. d. Fire services will be provided by the Castle Hayne Volunteer Fire Dept. 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. Parking as per Section 72-31 ( I ) is provided on the site plan. b. Lighting as per Section 72-31 (3) is provided on the site plan. c. Buffering as per Section 67 and Section 72-31 (2) is provided. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: a. No evidence presented to indicate adverse impact on surrounding property. b. There are no owner occupied structures adjacent to the marina site. 1 5. It is the County Commissioners' CONCLUSION that the proposed use does isatisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. The use is typically associated with waterways and navigable rivers and streams. b. The Corps of Engineers has determined a permit can be obtained to construct the pier and boat slips. Also piers and walkways constructed in the wetland area adjacent to the pier will not require Corps authorization. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) Other I . All State, Federal and local regulations, including Corps of Engineers and CAMA, where applicable. 2. No boat ramp. 3. No sale of alcoholic beverages. 4. Limit number of boat slips to four (4) . 5. Limit parking on site to six (6) spaces. 6. A fence (chain link) four (4) feet in height be constructed beginning at the waters edge and running 200 feet in length along the common property line of the petitioners and Pine State Enterprises. Ordered this 1st day of April , 1985. rig"""t°3/4\01%0VCR 40 t NereCfrpt„.. o "zeal � i'ti = CHAIRMAN 11: P AP,: : .. .• k fftilimmoo gF 3 1 k f 1; COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT FOR A MOBILE HOME The County Commissioners for New Hanover County having held a public hearing t on May 6, 1985 to consider application number S-242 5/85 submitted by Lennan k Miles, a request for a special use permit to use the property located on the t south side of Chair Road 600 feet east of its terminus, and having heard all the 1 evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: I . The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance will be t satisfied if the property is developed in accordance with the plans submitted to 4 the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development) . t 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF # FACT: I . The New Hanover County Health Dept. has issued a well and septic tank permit for this site. t 2. Fire services will be provided by Wrighsboro VFD. g 3. Adequate ingress and egress to the site is available. r 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the t: use meets all required conditions and specifications. In support of this t conclusion, the Commissioners make the following FINDINGS OF FACT: I . The mobile home as shown on the plan meets all setback and lot area requirements. (52-2, ( 1-6)) 2. There is ample space to provide for the required off-street parking (two spaces) . 3. Mobile homes are permitted special uses in the R-20 District. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the 1 use will not substantially injure the value of adjoining or abutting property, or 1 that the use is a public necessity. In support of this conclusion the I Commissioners make the following FINDINGS OF FACT: I I . Adjoining properties are zoned R-20 residential which permit mobile I homes by special use permit. x 2. There are existing mobile homes located on nearby properties. i 5. It is the County Commissioners' CONCLUSION that the proposed use does 4 satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in f general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF 1 FACT: t 1 . The property is classified Rural on the Land Use Plan. Uses not requiring major urban servies are encouraged. 2. There are other mobile homes in the general areea. 1 t 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of 1 SPECIAL USE PERMIT be GRANTED, subject to the following conditions: t a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shal be held invalid beyond the authority of this Board of Commissi OVER C by a court of competent jurisdiction then this permit shall 1 4t1m�• '••...(ey1•,` . void and of no effect. 2 . k- 1 �� s c) Other Compliance with all Federal , State and local codes. ' ; " 1 t Ordered this 6th day of May, 1985. p41,-.1: .. 3, -: ; . .,.;.r // . if z 1. • / • ? gd • w° .••000irttiirtlll • _, 1/ -.. 4'' ' “ .•, . . ., , . . '4'.:41 CA0" ,•* a • COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA 4: ORDER GRANTING A SPECIAL USE PERMIT MODIFICATION: CAROLINA INLET MARINA The County Commissioners for New Hanover County having held a public hearing I on Monday, May 6 1985 to consider application number SUP 166 4/76 submitted by Charles A. Paul , Jr. , a request for a special use permit to use the property located north of and adjacent to Carolina Inlet Marina, and having heard all the l evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: I . The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-31 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development) . 2. It is the County Commissioners' CONCLUSION that the proposed use will satisfy the first general requirement listed in the Ordinance; namely that the 1 use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: I . No water and sewer services, other than those already existing, will be required to service the expansion area. 2. Fire protection services will be provided by the Federal Point VFD. 3. Information for handling litter, refuse, and petroleum products have not E been submitted. s 3. It is the County Commissioners' CONCLUSION that the proposed use will satisfy the second general requirement listed in the Ordinance; namely that the E', use meets all required conditions and specifications. In support of this l conclusion, the Commissioners make the following FINDINGS OF FACT: I . Commercial marinas are permitted by special use in R-I5 Districts. A special use for the existing marina was granted in April 1976. A special use permit is required when an area under special permit coverage is significantly k altered or expanded. i 2. The proposed expansion will consist of 225 parking spaces and ground level boat storage. The boat storage expansion will cover approximately 153,600 square feet. i 3. A twenty-five foot buffer is provided along three sides of the expansion I area. f 4. Night lighting will be provided as required. Lights will be k strategically located on the site to minimize glare onto adjacent properties. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the f. use will not substantially injure the value of adjoining or abutting property, or i that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: x I . Property to the south of the expansion area is currently used for commercial marina purposes. 2. There are not any residential structures immediately adjacent to the expansion area though two structures are located nearby. 5. It is t e County Commissioners' CONCLUSION that the proposed use does I satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted ;t f and approved will be in harmony with the area in which it is to be located and in K general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: I . The site is classified as rural and conservation on the Land Use Plan. The area is also located in an area of environmental concern. 2. There is a marina already located in the immediate vicinity and the i expansion area would be an integral part of the marina's operation. I 1 i i I 1 i i. . , , l fr 6 A 1 6. Therefore, because the County Commissioners conclude that all of the f general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of SPECIAL USE PERMIT be GRANTED, subject to the following conditions: 1 a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as 3 well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. 1 c) Other I . Removal bf vegetation in the expansion area shoud be minimized. 2. The parking lot and ground level storage area should be paved with a porous paving material or graveled. 1 3. Runoff to the basin should be diverted into vegetated swales or 1 percolated on site. Other methods of retention or diversion are acceptable. 4. The buffer shall be consistent with zoning ordinance requirements. 5. Lighting should be placed so as to prevent unnecessary glare on adjoining properties. 6. Site be limited to around storage only. f 7. Marina owners provide alternate access around the site, 20 feet in width, plus be responsible for the maintenance of said access. 8. A 25 foot buffer shall be located on three sides inside the required access, plus buffering shall be provided on the marina side with controlled access to and from the storage site. 9. A six foot high chain link fence be erected alone the eastern property line. 10. All other Federal , State and local regulations. 44 z Ordered this the 6th day of May, 1985. , 419,1:311:1014 4 or4 7/0441, e5)'21z4r1 i 40 Alp .•• •....y CHAIRMAN AND COMMISSIONER• ,7 :1' • .R t•. % • r.OP Ili, % WG 4.ti • if i.- • .OH S, • � '•%+0.••••.••..••• `•NP . •,, 4I Ag�' .`° i, a • i i I a i i e 1 i 4 1 i i i 1 ••••� µDYER CI t : * . _ 1, ;71,� : COUNTY OF NEW HANOVER ;• :,"ci : : • * .` STATE OF NORTH CAROLINA 1. :• •.c.-7. 'a*Y •.: i ORDER GRANTING A SPECIAL USE PERMIT i •.....• �'•,,'`O�•• .•';.t.,.... FOR A DUPLEX •. TH CARNE' .•`` Trfe••Ggiinit Commissioners for New Hanover County having held a public hearing on Monday, May 6, 1985 to consider application number SUP 244 5/85 submitted by t Harry Dorsey, a request for a special use permit to use the property located on 1 the west side of Belt Road, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: S I . The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-I of the County Zoning Ordinance will be t satisfied if the property is developed in accordance with the plans submitted to i the County Commissioners. (Specify which requirements, if an y, are not satisfied i by the proposed development) . 2. It is the County Commissioners' CONCLUSION that the proposed use does G satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In t. support of this conclusion, the Commissioners make the following FINDINGS OF r` FACT: € I . The Health Department has approved the use of an existing well and septic tank for the duplex. t 2. Fire protection services will be provided to the site by the Wrightsboro Volunteer Fire Dept. 3. The existing well is more than 100 feet from the existing septic tank. 4. Adequate ingress and egress is provided. t 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the i use meets all required conditions and specifications. In support of this t, conclusion, the Commissioners make the following FINDINGS OF FACT: I . The duplex as shown on the site plan meets all lot area and setback i i requirements. (52-2 ( I-6)) 2. The duplex is located to the rear of an existing single family structure and enough area is available for four off-street parking spaces. t 3. Duplexes are permitted special uses in the R-20 Residential District. t 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or t that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: I . Adjoining property is zoned R-20 which permits duplexes by special use permit. 2. Development in the area is rural with very low density, predominantly i single family and mobile home sites. i 5. It is the County Commissioners' CONCLUSION that the proposed use does f satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In E support of this conclusion, the Commissioners make the following FINDINGS OF FACT: I . The property is classified Rural on the Land Use Plan. Uses not requiring major urban services are encouraged. 1 6. Therefore, because the County Commissioners conclude that all of the f; general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific t requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners i by a court of competent jurisdiction then this permit shall become void and of no effect. r c) Other Compliance with all Federal , State and local ordinances. i Ordered this 6th day of May, 1985. ' R CH IRMAN AND COMMI SIONER j COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING/DENYING A SPECIAL USE PERMIT The County Commissioners for New Hanover County having held a public hearing on July 1 , 1985 to consider application number S-245,7/85 submitted by Ms. Virginia Eason, a request for a special use permit to use the property located on the northside of Teresa Drive, 750* east of Castle Hayne Road , and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: I . The County commissioenrs FIND as a FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Application has been made to the County Health Department for a well and spectic tank permit. B. Fire protection is provided by the Wrightsboro Volunteer Fire Dept. C. Ingress and egress is provided via Teresa Drive. (NOTE: Failure to obtain Health Department permits will render this permit null and void.) 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Mobile homes are a permitted special use in the R-20 Residential District (Section 50-2) B. Enough area is provided for at least two off-street parking spaces. C. All dimensional requirements as specified in Section 52.2 of the Zoning Ordinance are satisfied. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: A. The site is located in a suburban area of the County and adjoins large acreage tracts. B. There are other mobile homes in the general vincinity of the property. i 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: The area is designated as rural on the County's Land Use Plan. County Policies for Growth and Development encourage land uses not requiring major urban services and diversified housing types. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) Other: All other applicable Federal , State, and local regulations. Ordered this 1st day of July, 1985. 7/04440 211.di CHAIRMAN • COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT MOBILE HOME The County Commissioners for New Hanover County having held a public hearing on August 5, 1985 to consider application number S-246, 8/85 submitted by Jimmy Brown, a request for a special use permit to use the property located on the southside of Chair Road, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: I . The County commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 . Application has been made to the New Hanover County Health Department for a well permit. A septic tank permit has been granted. 2. Fire protection will be provided by the Wrightsboro VFD. 3. The site has adequate ingress and egress via Chair Road. 3. It is the County Commissioners' CONCLUSION that the proposed use doe satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 . All setback requirements and lot area requirements are met. (52-2, (1-6) 2. Ample off-street parking space is available. 3. Mobile homes are permitted special uses in the R-20 Residential District. 4. It is the County Commissioners' CONCLUSION that the proposed use doe satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: 1 . Adjoining properties are zoned R-20 Residential and mobile homes are permitted by special use. 2. There are existing mobile homes on adjoining properties. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 . The property is classified rural on the Land-Use Map. Uses not requiring major urban services are encouraged, along with a mixture of housing types. A • • • 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) Other All other federal , state and local laws. Ordered this 5th day of August, 1985. $ Gy i •. CHAIRMAN E. i �4 r { 6 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING/DENYING A SPECIAL USE PERMIT The County Commissioners for New Hanover County having held a public hearing on August 5, 1985 to consider application number S-166, 4/76; Revised 8/85 submitted by Byrnes and Cohn, a request for a special use permit to use the property located at Carolina Inlet Marina, expanded boat basin ( Inlet Watch Condos) and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: I . The County commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-31 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 . A major CAMA Permit has been issued for the expansion of the boat basin. The basin has been constructed. (Note: the basin was originally {. designed to serve Inlet Watch Condominiums but a desire to sell slips to outside parties has prompted a need for a special use permit.) 2. Fire Services will be provided by the Federal Point VFD. 3. A building permit, #B17907 has been issued. 4. Individual water taps will be provided from existing water system. No sewage facilities are planned. Gasoline services are currently in place as part of the marina covered in Special Use Permit S-166. 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 . A minimum of one ( 1) off street parking space per boat slip and per two (2) dry-storage facilities is provided. 2. A buffer as per Section 67 is not needed in the boat slip area because a number of slips are part of the Inlet Watch Condominium project. Existing marina vailities adjoin the property. 3. Specific details regarding night lighting are not available at this writing. 4. A site plan has been submitted. 5. Commercial use of a residential boating facility requires a special use permit. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: 1 . The boat basin is already in place and will be built in conjunction with Inlet Watch Condos, although additional slips will be made available to the public under the auspices of "boataminiums". 2. Marina facilities (retail shop, service area, dry storage and boat basin) are located in close proximity to the basin covered by this special use application. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 . The facility is located in an area classfied rural and conservation on the Land Use Classification Map. Development requiring minimal urban services is encouraged in rural areas while the preservation of natural resources is encouraged in the conservation area. 2. Public Access to the area's natural recreational amenities such as the ocean and river and sound shall be insured. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) Other: 1 . All other local , state and federal laws. 2. Night lighting be installed as per the specifications proposed by the developer. Ordered this 5th day of August, 1985. I 10YER C pG 401 . •,N,.% r CHAIRMAN 5ue 1 wura • •,'•.'"'p•'•......••••�• ``. ••'4..,per CARO' 0%% %q P { f y " - 4414:4, ups? c 0A0, } COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING/DENYING A SPECIAL USE PERMIT (MOBILE HOME) The County Commissioners for New Hanover County having held a public hearing on October 7, 1985 to consider application number S-249, 10/85 submitted by Audrey Davis Deas, a request for a special use permit to use the property located West of U.S. 117, North of Rockhill Road, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: I . The County commissioenrs FIND as a FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: An improvements permit for the installation of a septic tank has been issued by the County Health Department. A well site has also been selected and meets the requirements set forth by County Health. Access to the site is unclear. It appears, however, access is provided via a private easement. 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: Mobile homes are permitted special uses in the R-20 Residential District. A minimum of 20,000 square feet is required. The petitioner has 1 .4 acres. Adequate space is available for meeting off-street parking requirements and all yard setback requirements can be easily met. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: The site in question is vacant and most of the property in the general area consists of large lots ( 1 or more acres) . Most of the development in the area is confined to low-density single-family uses and mobile homes. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: The property is classified rural . Low intensity uses not requiring major urban services, such as the uses allowed in the R-20 District, are strongly encouraged. • r � i s ((4 • 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) Other: All other applicable local , state and federal laws. Ordered this 7th day of October„ 1985. IIP Vice CHAIRMAN COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT The County Commissioners for New Hanover County having held a public hearing on October 7, 1985 to consider application number S-251 , 10/85 submitted by Kay Crocker, a request for a special use permit to use the property located on the Northside of Eastwood Road, West of Canal Drive. (Crocker Marine) , and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: I . The County commissioenrs FIND as a FACT that all of the specific requirements set forth in Section 72-31 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A well and septic tank permit are not needed although the Health Department does review the erection of all structures on a lot. Access to the site is directly onto Eastwood Road (Highway 74) . 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: Commercial marinas and their appurtenant uses (eg.. .boat storage) are permitted special uses in the B-1 Neighborhood Business District. The site is zoned B-1 Business. A minimum of one ( 1) off-street parking space per two (2) dry storage facilities shall be provided. A total of fifty-five (55) parking spaces are shown on the site plan. A buffer in compliance with Section 67, Landscaping, shall be provided. A two-row screen between the structure and the eastern property line is shown } on the site plan. Night lighting by design and construction shall be maintained on the site. Mercury lights provided by CP&L are anticipated. A site plan has been submitted as required. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: Crocker's Marina has been in operation for a number of years on this site. Throughout these years, several expansions and major renovations have occurred. This site is currently occupied by an office building-showroom, a showroom-storage building, and two storage sheds. One shed is open air. The petitioners propose to add an additional shed 36' x 200' x 16' high. The site is near the waterway but does not have direct access. Boats are usually trailered over to the wildlife ramp and launched. A major condominium development is located west of the site. (Wrightsville West) . Office uses, scattered retail and residential uses dominate the neighborhood. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: The area is classifed transition and is also a part of the Urban Services Area. It is also in Phase I of the County Wide Sewer Plan. Transition classes are designed to provide for future "intensive" urban development. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) Other: 1 . All other local , state, and federal laws. 2. A minimum planted buffer of two (2) rows along the eastern property line adjacent to R-20 Residential Zoning. Ordered this 7th day of October, 1985. Vice CHAIRMAN - r • • COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING/DENYING A SPECIAL USE PERMIT (MOBILE HOME) The County Commissioners for New Hanover County having held a public hearing on October 7, 1985 to consider application number S-250, 10/85 submitted by Mr. William A. Buck, Jr., a request for a special use permit to use the property located east side, U.S. 117, north of Teresa Drive behind Jerry's Burger House, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: I . The County commissioenrs FIND as a FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. } 3 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A site evaluation by the County Health Department reveals the site may be classifed provisionally suitable and an improvements permit may be issued if 12 to 15 inches of sand are installed and intermined with exisiting soils. An existing well on the site will provide water services. Access is directly to U.S. 117 via a private easement. 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: Mobile homes are permitted special uses in the R-20 Residential District. A minimum of 20,000 square feet is required. The petitioner has a total of 6.85 acres. Adequate space is available to meet off-street parking requirements and all setback requirements can be easily met. } 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: The site is currently occupied by a recreational vehicle parts garage. Mobile homes are in general vincinity, particularly along Arlene Drive and Teresa Drive. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: The property is classifed Rural . Land uses not requiring major urban services, such as the uses allowed in the R-20 District, are encouraged. 1 4 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) Other: All other applicable local , state, and federal laws. Ordered this 7th day of October, 1985. 'ice CHAIRMAN 4 , �fg , 1 j t 1 . S C f 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT f The County Commissioners for New Hanover County having held a public hearing s on October 7, 1985 to consider application number S-252, 10/05 submitted by Marguerite Price, a request for a special use permit to locate a mobile home on I the northside of Teresa Drive 204 feet east of U.S. 117 and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: I . The County commissioenrs FIND as a FACT that all of the specific i requirements set forth in Section 72-27 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to g the County Commissioners. 1 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where f proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF € FACT: Application has been made to the County Health Department to determine the suitability of the existing well and septic tank for water use and sewage i disposal respectively. i Access to the site is directly to Teresa Drive, an unimproved dirt road. 3. It is the County Commissioners' CONCLUSION that the proposed use does £ satisfy the second general requirement listed in the Ordinance; namely that the I use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 Mobile homes are permitted special uses in the R-20 Residential District. A minimum of 20,000 square feet is required. The site contains 31 ,000 k' square. i 1 Adequate space is available to meet off-street parking requirements and all setback requirements can be easily met. } 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: I s The site is vacant but there are other mobile homes located in the general vincinity. Two (2) special use permits have been granted for mobile homes on the northside of Teresa Drive since December 1984. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as x submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover 1, County. In support of this conclusion, the Commissioners make the following x FINDINGS OF FACT: 1 The site is classified Rural . Land uses not requiring major urban services, = such as the uses allowed in the R-20 District, are encouraged. i5 I • A 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) Other: All other applicable local , state and federal laws. Ordered this 7th day of October, 1985. y. } Vice CHAIRMAN COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT AS CONDITIONED BY THE COUNTY COMMISSION The County Commissioners for New Hanover County having held a public hearing on November 4, 1985 to consider application number S-120, 1/80; modified 11/85 submitted by Mender Gardens, Harry Borneman, Jr., a request for a special use permit to use the property located at Oleander Gardens Cemetary, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: I . The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-2 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. It was determined' that the installation of an office and lawn garden crypts would not be harmonious with the surrounding neighborhood. 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 . The proposed above ground crypts would not be more than four (4) feet high above gt`ound level . 2. Access to the site will be via Bradley Drive and/or Greenville Sound Road. 3. The Health Department determined in past reviews that concrete vaulting (method of burial ) would pose no major health threat. 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 . Crypts are generally associated with cemetaries. 2. Cemetaries and their appurtenant uses are permitted special uses in the R-15 District. 3. All cemetaries are required to meet all standards mandated by state and local health officials. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: 1 . The above ground crypts do not block any view or create a hazardous situation. Moreover, the cemetary has been in existence for a number of years and there has not been a discernible decline in property values. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 . The general area is surrounded by single family structures and the existence of the cemetery has not discouraged new residential projects. Also, the area is classifed "Conservation and Rural Services" on the Land Classification Map. Low intensity uses are encouraged. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) Other 1 . All applicable state and federal regulations. 2. All conditions as specified in the special use permit granted in 1980 (Permit No. SUP-120, 1/80) except that the petitioner will be entitled to erect three (3) two-person above ground crypts--maximum height four (4) feet as shown on the site plan submitted with the application for modification. Ordered this 4th day of November, 1985. 2/74"ed,/,i Oneer, CHAIRMAN 3 i t f A 4 4 4 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT The County Commissioners for New Hanover County having held. a public hearing on December 2, 1985 to consider application number S-254, 12/85 submitted by [ George Irving, a request for a special use permit to use the property located on the northside of Canady Road, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: a i I . The County Commissioners 'FIND as a FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County.Commissioners' CONCLUSION that the proposed use I does/does not satisfy the first general requirement listed in .the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and F approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: x 3. It is the County Commissioners' CONCLUSION that the proposed use does/does not satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support r of this conclusion, the Commissioners make the following FINDINGS OF FACT: F i 1 4. It is the County Commissioners' CONCLUSION that the proposed use does ° not satisfy the third general requirement listed in the Ordinance; namely that I the use will not substantially injure the value of adjoining or abutting €' property, or that the use is a public necessity. In support of this conclusion E the Commissioners make -the following FINDINGS OF FACT: '' 1 1 . That there are not any other mobile homes in the general vicinity, F thusly, the location of mobile homes on this site would devalue adjoining properties. 5. It is the County Commissioners' CONCLUSION that the proposed use does not satisfy the fourth general requirement listed in the Ordinance; namely that I the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be I located and in general conformity with the plan of development for New Hanover F, County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: i 1 . Most adjoining properties are developed on large lots with single-family structures. r 2. There are not any mobile homes on Canady Road. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have not been satisfied, IT IS ORDERED that the application for the issuance of SPECIAL USE PERMIT be DENIED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. • . I b) If any of the conditions imposed by this special use permit shall • be held invalid beyond the authority of this Board of Commissioners by a court of competent Jurisdiction then this permit shall become • void and of no effect. c) Other i Ordered this 2nd day of December, 1985. I i w PF fl t r• NOVR•., t\ w e t • 9)3IZ•le 5 2C , e•0 17,...e0•......111 ..•••'C:;.‘." CHAT MAN t f i i I F 6 7 t i i 4 6 • • • i. f F I / • } 1 1 s COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT (TWO DUPLEXES) The County Commissioners for New Hanover County having held a public hearing on December 2, 1985 to consider application number S-255,12/85 submitted by Steven Kobusch, a request for a special use permit to use the property located on Middle Sound Road, and having heard all the evidence and arguments presented at 1 the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: I . The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-1 of the County Zoning Ordinance will be I satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use does/does not satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: r i 3. It is the County Commissioners' CONCLUSION that the proposed use does/does not satisfy the second general requirement listed in the Ordinance; I namely that the use meets all required conditions and specifications. In support I of this conclusion, the Commissioners make the following FINDINGS OF FACT: 4. It is the County Commissioners' CONCLUSION that the proposed use does not satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting t property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: 1 . The location of duplexes in an area dominated by single family uses would pose an unnecessary threat to surrounding property values, likely causes a decline in existing values. { s 5. It is the County Commissioners' CONCLUSION that the proposed use does not satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover 1 County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. There are not any duplexes in the general area x 2. The use is not in harmony with the goals of the Land Use Plan 3. Duplexes inconsistent with the rural life-style now evident in the area--single family uses on large lots. t 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have not been satisfied, IT IS ORDERED that the application for the issuance of SPECIAL USE PERMIT be DENIED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. € b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) Other t $0 I, t ,•�0 a` C f r?tigr P1P •xlay of December, 1985. e- ° , , •.° it: r • -+ o 1�' . ` t „O ..•....,.► .fly A ��' � •+.�4 '••••••� ,,. .•' CHA I RMAN } • 0 • # COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT (Three Duplexes) The County Commissioners for New Hanover County having held a public =' hearing on December 2, 1985 to consider application number S-257, 12/85 submitted by Clyde Harrelson, a request for a special use permit to use the property located on the east side of Middle Sound Road adjacent to Harrelson's Marina, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: I . The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-1 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use 1 does/does not satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: ti 3. It is the County Commissioners' CONCLUSION that the proposed use does/does not satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 4. It is the County Commissioners' CONCLUSION that the proposed use does not satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: 1 . The proposed use could have a potentially negative impact on the surrounding property values. Like uses--duplexes--are not located in the general area. 5. It is the County Commissioners' CONCLUSION that the proposed use does not satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1 . The use would be inharmonious with other dwelling units in the general area. These are not any other duplexes in the vicinity. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have not been satisfied, IT IS ORDERED that the application for the issuance of SPECIAL USE PERMIT be DENIED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. • • • 4 b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent Jurisdiction then this permit shall become void and of no effect. c) Other: Ordered this 2nd day of December, 1985. � F • ' 4:14.: 2.1P.X44.9CHAIRM #b �•C ARO \‘'N' ��' tan u