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HomeMy WebLinkAboutSpecial Use Permits 1986 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 January 6, 1986 to consider application number S-258, 1/86 submitted by Florence Gralak, a request for a special use permit to use the property located on the south side of Marathon Avenue, 2000* feet west 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 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 ti FACT: 1 . A septic tank permit has been issued and an existing well will provide water service. 2. Access to the site is directly to Marathon Avenue. 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 . Single-wide mobile homes are permitted special uses in the RA Rural Agricultural District. The minimum lot size is 30,000 square feet. The petitioner has 49.0± acres. 2. Adequate area exists to meet off-street parking and setback requirements. 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 . Most of the surrounding land uses are for single family purposes, although there are a few mobile homes in the general area--within a i mile radius. Because the use would be located there on a temporary basis--for as long the petitioner has need for it--it would have minimal effect on property values. 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 area is rural and low density land uses are encouraged and even though most uses in the general area are single-family, the temporary location of a mobile home would not disrupt the harmony of the area. t s e' 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 beheld 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 . Compliance with all other Federal , State, and Local Laws. 2. That the use be removed from the site within ninety (90) days after the petitioner's needs for such use have ended/terminated. Ordered this 6th day of January, 1986. ••,••`�PNOVER••.,• • •. O •. CHAIRMAN *i' • -4 • - � • . RO •• v. `• '#1 ,A ..# 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT MOBILE HOME The County Commissioners for New Hanover County having held a public hearing } on March 10, 1986 to consider application number S-259, 3/86 submitted by T.R. Kalnen, a request for a special use permit to use the property located on the northside of Lynn Avenue, west of Park Place Mobile Home Park, 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 of the County Zoning Ordinance will not 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 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: 3. It is the County Commissioners' CONCLUSION that the proposed use 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 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 . Numerous adjoining property owners testified that the location of a mobile home on the lot would have a negative impact on 'property values. 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: 3 F s' ITI 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 } Ordered this 10th day of March, 1986. .••aRNO UER••., �v CHAIRMAN •.�� � •....•••A.P�e •••,,-18.••u RO Vs, ti fi tE� • 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 March 10, 1986 to consider application number S-260, 3/86 submitted by Teena Blackburn, a request for a special use permit to use the property located on the east side of Old Avenue, south of Parmele Road, and having heard all the I' 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 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 County Health Department for well and septic tank analysis, and approval has been granted. 2. Access is available. 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 . Single-wide mobile homes are permitted special uses in the R-20 Residential District. 2. The minimum lot size for such structures is 20,000 square feet. The petitioner has 5t acres. 3. Adequate area exists to meet off-street parking and setback requirements. 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 property is located in an area generally dominated by mobile home usage and farming type activities. A mobile home park is located on the west side of Old Avenue, opposite the subject property. The Seaboard Coastline Railroad runs along the property's eastern border and serves to separate the site from single-family uses along Parmele Road. • 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 site is classified Rural . County Policies for Growth and Development strongly encourage the development of low denisty land uses not requiring urban services. As noted, most of the surrounding properties are either vacant and/or used for mobile home purposes. 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 Regulations. Ordered this 101-h "day of March, 1986. '•pu•nrtry,, �o•�ANO VER•••.• CHAIRMAN • • •�•� C ARO\ 0# Ifr COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTINGA SPECIAL USE PERMIT MOBILE HOME I: ounty Commissioners for New Hanover County having held a public hearing on 0, 1986 to consider application number S-261 , 3/86 submitted by Lawr- e A. Southerland, a request for a special use permit to use the property located on the south side of Marathon Avenue, 2001- feet west of Bavarian Lane, 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. (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: 1 . A well and septic tank permit has been issued by the County Health Department. 2. Access to the site is directly to and from Marathon Avenue. 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. Single-wide mobile homes are permitted special uses in the RA Rural Agricultural District. 2. The minimum lot size is 30,000 square feet. The petitioner has 81- acres. 3. Adequate area exists to meet off-street parking requirements. 1 4. All setback--front, side, rear--requirements are 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: 1 . The property is west of and contiguous with Marathon Farms Subdivision, a single-family residential subdivision. 2. There are a few mobile homes in the general vicinity--within a # mile radius. 3. A special use permit was granted for a mobile home approximately 12001 feet east of the subject property in January of this year. 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: 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 Federal , State and Local laws. 2. The mobile home be a double-wide and it be underpinned. Ordered this 10th day of March, 1985. 2 ; •• CHAIRMAN .c- * 4 ate r 1• •• II: *: .# ° 'MOV f q . • '. ..... • #'o;hC ARO\ ''4 '. • +i.nn• { COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT TWO MOBILE HOMES The County Commissioners for New Hanover County .having held a public hearing on April 7, 1986 to consider application number S-262, 4/86 submitted by Mary Manning, a request for a special use permit to use the property located on the { north side of Rockhill Road near the westernmost terminus of Rockhill Road, and 1 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 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. A soil evaluation conducted by the County Health Department indicates the site is suitable for installation of two (2) individual septic tanks. B. Presently, access to the property is provided via a thirty (30) foot unimproved road from Chair Road. Access to Rockhill Road is under negotiation but has not yet been procured. C. Fire Service is provided by the Wrightsboro VFD. 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 in the R-20 Residential District are permitted special uses. t B. The minimum lot size per use is 20,000 square feet. The petitioner has 7.2 acres. C. All yard requirements--front, side, rear--can be 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: A. Most of the land in the immediate vicinity consists of larger acreage tracts which are mostly undeveloped, although there is a single family development--Walnut Hills--located on the soutside of Rockhill Road near E' the site in question. 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 area is classified rural on the County's Land Classification Map. Low intensity land uses, such as dwelling, 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: All other Federal , State and Local regulations. Ordered this 7th day of April , 1986. • „1,,,d57 (//:-4 (`�w..�' ` •••(mss% CHA I RM • .0 : * i COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT DOG KENNEL The County Commissioners for New Hanover County having held a public hearing on May 5, 1986 to consider application number S-263, 5/86 submitted by Leon and Pat Batson, a request for a special use permit to use the property located on the northside of Murraysville 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 72-26 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 . The proposed kennel facilities are in compliance with the guidelines set forth by the American Kennel Association. 2. The facility housing the dogs will be fenced. Dogs outside of the pen area will be supervised at all times. 3. Special sewage disposal , well systems and removal of dead animals requires approval by the County Health Department. 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 . Dog kennels are permitted special uses in the R-15 Residential District. The subject property is zoned R-15 Residential . 2. The number of animals allowed for boarding is based on the size of the property. The zoning ordinance permits up to 20 animals on at least four acres. The petitioner has 5.41 acres and is eligible for up to twenty (20) animals. 3. All lot(s) on which a kennel is located must have direct access on to a street that meets the minimum requirements for acceptance and maintenance by the N.C. Department of Transportation. 4. There is no sign structure indicated on the site plan, although one is permitted provided it doesn't exceed 2.25 square feet in area. 5. All setback requirements, notably side and rear yard--are met. Additional front, side and rear yard setbacks may be imposed by the building inspector. The County Commissioners have the discretion of requiring buffering and noise controls as deemed reasonable. 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 surrounding area is sparcely developed with single-family type dwellings. The petitioner also proposes to build the kennel on 5.41 acres, which exceeds the minimum acreage for twenty animals. Additional lot area allows for greater separation between adjoining land uses. 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 area is classified rural on the Land Classification Map. Low density land uses, generally housing, not requiring major urban services 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 Y p y p 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 . Compliance with all other Federal , State and Local laws. 2. The kennel facility and all runs be totally enclosed. 3. No more than 24 dogs be allowed for boarding at any given time. 4. That the facility be located in the northeast corner of the site, at least 100 feet from the side and rear lot lines. 5. That Murraysville Road be extended along the frontage of the subject property. 6. Petitioner obtain all necessary Health Department permits. 7. Area around kennel be fenced, preferably chain link. 8. Fifty (50) foot natural buffer be maintained around the entire site Ordered this 5th day of May, 1986. E/i• Nit\ 4 •••..... .. o0 I : , Itokr 1- rp • • -<• CHAIRM'N IF: c� .•• ♦♦ k.-"• 1.40./ • ♦ f c`. iauR�`... ,' j4 SSS is • 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 May 5, 1986 to consider application number S-264, 5/86 submitted by Jeffrey Lee, 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 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 well and septic tank permit has been issued by the County Health Department. 2. Access to site is by way of a 30 foot private road (unimproved ) connected directly to Chair Road. 3. The subject property is located in the Wrightsboro District and is within 3t miles of the station. 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 . Mobile homes are permitted "special uses" in the R-20 Residential zoning district. The minimum lot area requirement is 20,000 square feet. The petitioner has one ( 1) acre. 2. All setback requirements can be easily met. 3. Adequate area exists to provide for off-street 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: 1 . Most of the surrounding land uses are mobile homes on individually owned parcels. Four (4) special use permits have been granted for mobile homes in the general area since October 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 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 County's Land Classification Map. Low density land uses, farming and compatible industrial uses are encouraged. • 1 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: 1 . All Federal , State, and Local Regulations. 2. That a culvert be installed at the point of access to the property from the easement road. Ordered this 5th day of May, 1986. ? ; • Z CHA I RM• i • ' 4 . • it / m-478,! µ llpel�• 4 • ��' 0V91111 e i e f.. oo • AR s �jJJ.eca.n...e`oo Y t -w . - I t F t i 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 a on May 5, 1986 to consider application number S-265, 5/86 submitted by Mr. Chancey Young, a request for a special use permit to use the p property located on y the east side of Old Avenue, 600± feet south of Parmele Road, and having heard t all the evidence and arguments presented at the hearing, makes the following t 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- of the County Zoning Ordinance be F. 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: t 1 . The Health Department has issued a well and septic tank permit. 2. Access to the site is available from either Old Avenue or Parmele Road. The applicant proposes to use Old Avenue. 3. The subject property is located in the Castle Hayne Fire District and is • approximately 1 .13± miles from the station. t 3. It is the County Commissioners' CONCLUSION_ that the proposed use does I 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 . Mobile homes are permitted "Special uses' in the R-20 Residential t District. 2. The minimum lot size is 20,000 square feet. The petitioner has 10± E. acres. 3. All setback requirements can be easily met. 4. Adequate area exists to provide for off-street parking. 4. It is the County Commissioners' CONCLUSION that the proposed use does t satisfy the third general requirement listed in the Ordinance; namely that the t • 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 . There are five (5) other mobile homes in the general area. A special use permit was granted for a mobile home on adjacent property in March 1986. 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 site is classified Rural . County Policies for Growth and Development strongly encourage the development of low density land uses not requiring urban services. 1 i 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 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 laws. Ordered this 5th day of May, 1986. ••••pnnu�q" .•�. : .y CHA I •MAN • /:; .c -•,,r-0 ••01/1111v•o• •• ♦♦♦ } { • 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 June 16, 1986 to consider application number S-266, 6/86 submitted by Olan Fuhr, a request for a special use permit to use the property located on the east side of U.S. 117, along Hurbert 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 72-27 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 . An on-site evaluation conducted by the County Health Department has indicated suitable conditions for well and septic tank usage. 2. Access to the site is via a thirty (30) foot private drive (Hubert Drive) leading from U.S. 117 - N.C. 133. 3. The site is located within the Castle Hayne Volunteer Fire Department District. 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 . Mobile homes are permitted speical uses in the R-20 Residential District. The site is zoned R-20 Residential . 2. The minimum lot size for residential uses in the R-20 District is 20,000 square feet. The subject parcel is approximately 4.2± acres. 3. Adequate area exists to meet mandated setback requirements and off-street 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: 1 . Most of the land uses in the general vicinity are scattered single-family residences 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: 1 . The property is classified Rural . Low density residential land uses not requiring major urban services 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: All other State, Local and Federal laws. Ordered this 16th day of June, 1986. 0%, VEp,,,, dr dr •� °° %•A CHAIRMAN /• o • • ° • • • •• • • f�•r • P �+ r ••s••••° �Ps* f COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT PRIVATE SOCIAL CLUB The County Commissioners for New Hanover County having held a public hearing on June 16, 1986 to consider application number S-267, 6/86 submitted by New Edgewater Club, Inc, a request for a special use permit to use the property located at the terminus of Blossom Ferry 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 72-12 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 . Water will be provided by a on-site well . Sewage disposal will be provided by a septic tank. Health Department review is pending. 2. Ingress and egress to the site will be by easement to Blossom Ferry Road. 3. Fire service will be provided by the Castle Hayne Volunteer Fire Department. 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 . Private social clubs, fraternal organizations and lodges are permitted special uses in the R-15 Residential District. The subject property is zoned R-15 Residential . 2. The minimum lot size for a private club is two (2) acres. The petitioner has 4.29* acres. 3. All setbacks mandated in 72-12 Subsection (2) of the Zoning Ordinance are met. Also, the site is located within the Special Highway Overlay District. The building is set back 165± feet. The minimum setback in the S.H.O.D. for such structures is 100 feet. Also, the parking lot facility meets the setback requirements set forth in the S.H.O.D. . 4. Site plans do not indicate what provisions are made for food, refreshment and entertainment. Such uses are permissible if the County Commissioners determine that the provisions will not constitute a nuisance. 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 property is bordered by Interstate 40 to the east, the northeast Cape Fear River to the north northwest and a small commercial marina to the west. Residential development in the immediate vicinity is sparse. p • 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 subject property is classfied rural and conservation. Low density land uses not requiring urban services are encouraged. Development is allowed in the conservation area if it is sensitively designed. Such development should minimize erosion, run-off, siltation and impervious surfaces. 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 Federal , State and Local laws. 2. A split-rail fence 200' in length be located on the western property boundary, beginning 30 feet south of the building and running north (200 feet) . Ordered this 16 day of June, 1986. CHAIRMAN r''0,;.••••..'. • NCO * .- . 1• • • t„.M•■N• .• 4.• 1 . , COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT ADULT DAY CARE CENTER - CO The County Commissioners for New Hanover County having held a public hearing on July 7, 1986 to consider application number S-269,7/86 submitted by Donald Wayne Leonard, a request for a special use permit to use the property located on the south side of Middle Sound Road, east of US 17, 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- 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. Health Department review of the site for septic tank suitability is pending. The building is expected to provide four (4) separate restroom J facilities. Water service will be provided by Cape Fear Utilities. b. The property has frontage along Middle Sound Road. c. The property is located .43± miles from the Ogden VFD. 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 site is zoned R-15 Residential . Adult day care facilities are permitted "special uses" in the R-15 District. b. A facility of this nature must provide care for more than five (5) , but not more than fifty (50) adults eighteen ( 18) years of age or older for more than four (4) hours a day, but not to exceed twenty-four (24) hours at one time. The petitioner has indicated in his application that approximately s twenty-nine (29) to thirty-nine (39) clients will be served. c. All setbacks of the R-15 Residential District can be easily met. d. The appropriate licensing agency, in this case the Department of Social Services has not, at this writing, rendered any comments. C, e. Off-street parking will be provided at the rear of the proposed facility. Spaces for at least forty (40) cars are provided. f. The site will be enclosed by a six (6) foot chain link fence. 4. It is the County Commissioners' CONCLUSION that the ro osed use does P P 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 is a diversity of uses in the immediate vicinity, including a church, a fence company, a junkyard, and scattered residential uses. The church, located directly across the street from the proposed facility, currently operates a children's day care facility. Cle 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. This subject property is classified as the "Ogden Community" on the Land Classification Map. "Crossroads" type land development, such as housing, shopping, employment and public services, is encouraged. 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 I:, 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 trash and junk on the site be removed. 2. A buffer of evergreens be planted along the property's perimeter. 3. Fencing be provided as per site plan. 4. Renovate existing house according to Section 8, Housing Quality Standards prior to occupancy of adult day care center. 5. Compliance with all other Federal , State and Local laws, as Cleapplicable. Ordered this 7th day of July, 1986. oAN hER c� CHAIRMAN 1 iitiik C, r � s • O. ♦ • rr 0 • mount*. • + . .r R()�o.+n+ cv cor cof ,, C 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 4, 1986 to consider application number S-270, 8/86 submitted by W. A. Buck, Jr., a request for a special use permit to use the property located on the east side of US 117, south of Arlene 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 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 . Improvement permit No. S-86 433 has been issued by the County Health Department for septic tank installation. Water will be provided by an individual well . 2. Access to the site directly to US 117 (Castle Hayne Road) , via a private easement. 3. The subject property is located less than .50t miles from the Wrightsboro Volunteer Fire Department. 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 . Mobile Homes are permitted "special uses" in the R-20 Residential District. 2. A minimum of 20,000 sq. ft. of lot area is required. The petitioner has a total of 6.85 acres and has designated 25,000 ft. for the use. 3. Adequate space is available to meet off-street parking requirements and all set back 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: 1 . The site is currently occupied by a recreational vehicle parts facility and a mobile home. A special use permit was granted for the existing mobile home in October 1985. There are other mobile homes in the general vicinity, primarily along Teresa Drive and Arlene 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: 1 . The property is classified Rural . Land uses not requiring major urban services, such as the uses allowed in the R-20 District, 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 other Federal , State and Local Regulations. Ordered this 4th day of August, 1986. 10404* .� 411 • •••••••�' CHAIRMAN QG ;41•14°11 1$4r• ee • t C 3 a , 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 September 2, 1986 to consider application number S-271, 9/86 submitted by Awilda A. Smith, a request for a special use permit to use the property located at the northwest corner of Velva Drive and Oakley Road, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72 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: i a 1. The County Health Department has issued an improvements permit for the installation of a septic tank. An existing on-site well will provide water to the use. 2. The property has adequate ingress and egress. 3 . The property is located approximately 1.5 miles from the Wrightsboro VFD. 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. Mobile homes are permitted Special Uses in the R-20 Residential District. The property is zoned R-20. 2. Adequate area exists to meet required off-street parking requirements. 3. The minimum lot size is 20,000 square feet. The petitioner has 1.0 acre. 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. There is a mixture of residential land uses in the general vicinity, including other 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: 1. The property is classified "Rural" on the Land Classification Map. Low density residential land uses are encouraged. Also, there are other mobile homes in the general area 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 a 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 2nd day of September , 1986 444, NA. if 4111,2- . �'p•. C, - irman • f f �f� - • =• • • • 4g a f; '7 {1{ } t{ ti 9 � I 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 September 2, 1986 to consider application number s-272, 9/86 submitted by Florence C. Greer, a request for a special use permit to use the property located at the southeast corner of Prince George Avenue and Sycamore Street, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72 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 elisted edrin the Ordinance; namely that the use will 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 County Health Department has determined the proposed site to be provisionally suitable for the installation of a subsurface sewage disposal system. An on-site well will be the source of water. 2. Adequate ingress and egress is provided. 3. The site is less than .30 mile from the Castle Hayne VFD. 3 . It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general arrequirement nt listedions in the Ordinance; namely that the use meets conclusion, the Commissioners and specifications. In support of this conc , make the following FINDINGS OF FACT: 1. Mobile homes are permitted by Special Use Permit in the RA Rural Agricultural District. The site is currently zoned RA. 2. Adequate area is available to meet off-street parking requirements. 3. The minimum lot size is 20,000 square feet. The petitioner has 1.15 acres. 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 abutting value of adjoining or a g P roperty, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. Most of the land uses in the general area are single-family units and mobile homes on relatively large tracts. A mobile home is located next door to the proposed site. 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: I� 1. The site is classified "Rural" on the Land Classification Map. Low density residential land 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 a. 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 2nd day of September , 1986 qqs airman C • 1 ,�i' . i • • * : ;l 1: 0•0011 la v �T •. ..••. 4, C AR ON ,p fOsrLlYp.i...."' • 3Z 1 - 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT MOBILE HOME PARK ( 4 UNITS) The County Commissioners for New Hanover County having held a public hearing on October 6, 1986 to consider application number S-273, 10/86 submitted by Mildred Gmytruk , a request for a special use permit to use the property located on the north side of Lynn Avenue in Castle Hayne , and having heard ,all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72 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 County Health Department for well and septic tank review. 2. Access to the site will be via an internal road to Lynn Avenue. 3. The parcel is located in the Castle Hayne VFD District. 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. Mobile home parks are permitted special uses in the RA Rural Agricultural District. 2. The petitioner is proposing to locate two ( 2) mobile home structures on a tract that is already occupied by two ( 2) mobile homes. By definition, the placement of more than two ( 2) mobile homes on a parcel of land constitutes a mobile home park. 3. An eighteen ( 18) foot gravel road is proposed to provide internal access to Lynn Avenue. 4. Each mobile home space has been allocated a minimum of 15,000 square feet. 5. A buffer four ( 4) feet in height is required when adjacent to residential areas or zones. 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. There are other mobile homes in the general vicinity, notably Castle Gardens Mobile Home Perk which i .._located approximately 200+ feet to the west. - - 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 confornity with the plan of development for New Hanover County. In support of thit; conclusion, the Commissioners make 1 ! the following FINDINGS OF FACT: _ - 1. The subject parcel is classified Rural on the Land Classification ( , Map. Low density residential land uses and farming are encouraged. 2• The site is currently occupied by two ( 2) mobile home structures and there are other mobile homes in the area 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 a 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 1 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 f permit shall become void and of no effect. ` c) Other: All other Federal, State and local laws. 1 Ordered this 6th day of October , 1986 • = Ch• rman- / ��� — � 3 r" • • psi • • • f s -A S • -f ' • : 1 31 • 't. ► I • l: a• •• ;• -SA ' , hf 1 4.,1wn t.° O 1u ' i i 1 i { _ COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT MOBILE HOME AS EMPLOYEE RESIDENCE The County Commissioners for New Hanover County having held a public hearing on October 6, 1986 to consider application number S-274, 10/86 submitted by Frank Whitesell , a request for a special use permit to use the property located on the southside of Hunter' s Trail ( 5318) , and having heard all the evidence and arguments presented at the hearing, makes the following FINDING OF FACT and draws the following CONCLUSIONS: 1. 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. 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 County Health Department for well and septic tank analysis. 2. The property is located in the Winter Park VFD district. 3. Access to the site is directly to Hunters Trail. 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. The use of mobile homes as "employee dwelling" is a permitted special use in the B-2 Business District. The site is zoned B-2 Business. 2. The mobile home is to be occupied by the sons of the business owners. The sons are actively engaged in the business. Section 72-29 ( 2) requires the dwelling unit to occupied solely by the person engaged in the principal business, a full time employee or their family members. 3. The proposed structure ( 28 ' x 70 ' ) can be easily located on the site and comply with all required setbacks. (Section 72-29( 3) ) 4. The proposed structure is to be located totally to the rear of the principal use. (Section 72-29(6) ) 5. Two ( 2) off-street parking spaces will be provided. (Section 72-29( 7) ) 6. A site plan as per Section 72-29( 8) has been provided. 7. A minimum of 15,000 square feet is required for the use of the residents. 32,535 square feet has been designated. (Section 72-29( 9) (a) ) 8. A ten ( 10) foot buffer is shown along the southern and western property boundaries. 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 proposed dwelling is buffered by dense foliage on the southern and western boundaries and is not within fifty ( 50) feet _ of any ,property line. _ _ _ 2. Property to the east is used for heavy equipment storage. Also, a mobile home, which is used as an office, is located there. 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 proposed use can easily comply with the requirements of this Ordinance. The site is classified Transition on the Land Classification Map. More intense urban development is 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 a 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 6th day of October , 1986 _ C, - irman _.. N 0 V "i• `1' ••• * •* ** ** * C • • o • , % • • 4, -, • .1 * • 4,4 I. • 4• "1 • • a • - - I it VO,;•• - 1