Special Use Permit ,
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i STATE OF NORTH CAROLINA
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1 COUNTY OF NEW HANOVER .
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ORDER DENYING A SPECIAL USE PERMIT
i Mobile Home , - '
i The County Commissioners for New Hanover County having held
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1 a public hearing on January 2 , 1990, to consider application
, 1
i number S-307, 1/90 submitted by Robert Taylor, a request for - a
1 special use permit to use the property located on Final Landing
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1 Lane, and 'having heard all the evidence and arguments presented
1 at the hearing, makes the following FINDINGS OF FACT and draws
i the following CONCLUSIONS:
1
i 1 . The County Commissioners FIND as a FACT that all of the
i specific requirements set forth in Section 72-27 of the County
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Zoning Ordinance will not be satisfied if the property is
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i developed in accordance with the plans submitted to the County
i Commissioners.
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, 2 . It is the County Commissioners ' CONCLUSION that the
I proposed use does not satisfy the first general requirement
I . listed in the Ordinance; namely that the use will not materially
endanger the public health or safety if located where proposed
iand developed according to the plan as submitted and approved.
1 In support of this conclusion, the Commissioners make the
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following FINDINGS OF FACT:
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3 . It is the County Commissioners ' CONCLUSION that the
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I proposed use does not satisfy the second general requirement
i 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:
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i N/A
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1 4. It is the County Commissioners ' CONCLUSION that the
I proposed use does not satisfy the third general requirement
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I listed in the Ordinance; namely that the use will not
4 substantially injure the value of adjoining or abutting property,
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1 or that the use is a public necessity. In support of this ,
i conclusion, the Commissioners make the following FINDINGS OF
i FACT:
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4 A. Adjacent subdivision development (Avenell) and other
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i nearby residential properties have increased
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i residential values and the location of a mobile home
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there would be inconsistent with those increasing
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1 values.
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, 5. It is the County Commissioners ' CONCLUSION that the
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I proposed use does not satisfy the fourth general requirement
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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. Mobile homes are sparcely located in this area of the
County and the location of this unit would not be in
conformity with the character of 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 not been satisfied, IT IS
ORDERED that the application for the issuance of a SPECIAL USE
PERMIT be DENIED.
Ordered this 2nd day of January, 1990.
%AVER� G qtel
, �E f Fred Retchin, Chairman
Attest: '• c• ` t
111 4.7
Cl: rk to the Board °P.NOICOCI
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
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ORDER GRANTING A SPECIAL USE PERMIT
Dwelling Unit Incidental to a Principal Use
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The County Commissioners for New Hanover County having held
a public hearing on January 2, 1990, to consider application
number S-308, 1/90 submitted by Nelson Kelly, a request for a .
special use permit to use the property located at 8137 Market
Street, and having heard all the evidence and arguments presented
1 at the hearing, makes the following FINDINGS OF FACT and draws
the following CONCLUSIONS:
k 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.
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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
1 the public health or safety if located where proposed and
developed according to the plan as submitted and approved. In
I support of this conclusion, the Commissioners make the following
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FINDINGS OF FACT:
A. A well and septic tank are currently in place and meet
g the requirements of the County Health Department.
3 B. The site is located within the Ogden VFD Service area.
1 C. The site has access directly to US 17 (Market Street) .
3. It is the County Commissioners ' CONCLUSION that the
proposed use does satisfy the second general requirement listed
1 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:
i
A. The proposed use is permitted by Special Use conferment
in the B-2 Business District. This property is zoned
} B-2 .
a B. All front, side, and rear setback requirements mandated
by the ordinance can be met.
C. The unit shall be occupied initially by the owner; at a
later date it will be occupied by a full-time employee.
D. An area of open space equal to the total floor space of
the dwelling unit can be provided. ( 900 square feet is
required in this case. )
E. The total floor space of the dwelling unit ( 900 square
feet) does not exceed 50% of the floor space of the
principal structure mini-warehousing ( 3000 square
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feet) .
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} F. The dwelling unit would be located above an office area
which would be part of the new building planned to
accommodate the residence.
4 G. Off-street parking for the dwelling unit will be
provided at the front of the building. Adequate area
is available to meet this need.
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. ' Property to the north is developed for commercial
purposes (plumbing business) and the subject site is
I already developed with a 3000 square foot mini-storage
facility. Also, there are other commercial uses on the
opposite side of US 17 .
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
I use if developed according to the plan as submitted and approved
I 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
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make the following FINDINGS OF FACT:
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A. The site is classified Rural. Low density residential
and lower intensity land uses are encouraged.
% B. The site is already developed commercially and the
F development of a dwelling unit to serve the needs of
1 the facility there does not interrupt nearby commercial
activity.
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.
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C. Other: All other Federal, State and local laws
applicable.
Ordered this 2nd day of January, 1990.
oVER co
#,Icrim,
sit Fred Retchin, Chairman
Atte t: *
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Cle k to the Board
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1 STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
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I ORDER GRANTING A SPECIAL USE PERMIT
Child Day Care
1 The County Commissioners for New Hanover County having held
a public hearing on January 2, 1990, to consider application
number S-309, 1/90 submitted by Norma Humphrey, a request for as
Special Use Permit to use the property located at 521 Kelly Road,
3 and having heard all the evidence and arguments presented at the
hearing, makes the following FINDINGS OF FACT and draws the
I following CONCLUSIONS:
I
1. The County Commissioners FIND as a FACT that all of the
specific requirements set forth in Section 72-20 of the County
Zoning Ordinance will be satisfied if the property is developed
1 in accordance with the plans submitted to the County
I Commissioners.
i
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
1 the public health or safety if located where proposed and
developed according to the plan as submitted and approved. In
Isupport of this conclusion, the Commissioners make the following
i FINDINGS OF FACT:
A. The facility is an expansion of a small child day care
center ( 5 children) in an existing single-family
residence. Existing water and sewer services will be
futilized to handle on-site sanitation needs.
B. The site is located in the Winter Park VFD service
1 area.
C. The site has access to Kelly Road.
1 D. The applicant has met or talked with representatives of
the state day care licensing division, County
Inspections and the Fire Marshal. No problems are
anticipated.
E. The existing facility had been previously issued the
appropriate Day Care Home Registration Certificate by
the Division of Facility Services.
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:
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1 A. Child day care centers and service is permitted by
special use permit conferment in the R-15 Residential
District. The property is zoned R-15 . The existing
facility did not require a special use permit because
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by definition a facility servicing five ( 5) or fewer
children is exempt from County review.
B. Adequate off-street area is available to accommodate
four ( 4 ) spaces, plus one ( 1) additional space for each
employee. Access to and from the site is provided to
preclude backing into the street after a pick-up or
delivery.
C. An enclosed play area is provided at the rear of the
existing dwelling unit.
D. No outside signage is planned.
}
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 applicant intends only to expand an existing
facility which has been in operation for one ( 1 ) year
There is no documentation demonstrating a diminution in
value as a result of the existing day care operation.
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 expansion of the day care operation does not
require any exterior renovations which would detract
from the residential theme of the area
6. Therefore, because the County Commissioners conclude
ff 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.
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) C. Other: All other Federal, State and local laws
} applicable.
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Ordered this 2nd day of Januarj2 1990.
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w4). Ere- 'etchin, Chairman
) Attest: } 22:x*
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Clrf to the Board # *4
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT •
Convenience Food Store
The County Commissioners for New Hanover County having held
a public hearing on January 2, 1990 to consider application
number S-310, 1/90 submitted by Howard Glassman, a request for a
special use permit to use the property located on the west side
of US 421 south, opposite Myrtle Grove 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 72-4 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. Based on Soil Conservation Service data, the soils on
this site would be suitable to accommodate an on-site
sewage disposal system. Also, an individual well will
be utilized to provide water service.
B. The site is located on the Myrtle Grove VFD service
area.
C. The property has direct access to US 421 (Carolina
Beach 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 use meets all required
conditions and specifications. In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
A. Convenience food stores are permitted by special use
permit conferment in the R-15 Residential District.
The property is zoned R-15.
B. The total area devoted to the proposed use is less than
one ( 1 ) acre.
C. The gross square footage of the structure does not
exceed 3000 square feet.
D. The proposed use would include convenience food sales
and the sale of gasoline. No auto repair, sales of
auto accessories or car washing is planned.
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E. A principal use sign of unknown dimensions is proposed.
F. One fuel pump island is permitted provided it is set
back at least 30 feet from any street right-of-way and
40 feet from any side or rear lot line. The site plan
indicates these minimum setbacks can be met. Also, the
overhead canopy covering the fuel island must be at
least 15 feet from the right-of-way. This setback too
is met.
G. At least 12 off-street parking spaces are 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. Land uses immediately adjacent to this site include
scattered detached single-family residential and a
mobile home park. Another convenience food store is
located on the east side of US 421 opposite the subject
parcel.
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 Transition in the 1986 Land Use
Plan Update. More intense urban development is
encouraged.
B. The site is located along a heavily-traveled, four-lane
divided highway. Also, the site is located at the
intersection of a major thoroughfare (US 421) with a
major collector road (Myrtle Grove Road) .
C. Finally, land development along the frontage nearby is
a hodgepodge of residential, commercial, and industrial
uses.
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 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.
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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 January, 1990.
l
� ovER�oG
��,�` �" y,� Fred Retchin, Chairman
Attest:
itr 40 • .•yy 11;5, 1
!'rto .AL the Board N4P4,0 cX
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
Mobile Home
The County Commissioners for New Hanover County having held
a public hearing on February 5, 1990 to consider application
number S-311, 2/90 submitted by Roy Mackley, a request for a
Special Use Permit to use the property located on 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 72-27 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. The site has direct access to Oakley Road.
B. The site is located in the Wrightsboro VFD District.
C. Application for well and septic tank certification is
pending.
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. Single-wide mobile homes are permitted by Special Use
Permit in the R-20 Residential District. The site is
zoned R-20 Residential.
B. Adequate acreage is available to accommodate the
existing dwelling and the addition of one ( 1) mobile
home.
C. Adequate area is available to accommodate a minimum of
two ( 2 ) off-street parking spaces.
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 are other mobile homes in the immediate vicinity.
Also, a Special Use Permit was granted for a mobile
home on a lot across the street from the subject parcel
on October 3 , 1988 .
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 Resource Protection and
Conservation in the 1986 Land Use Plan Update. Lower
density residential uses are encouraged.
B. As noted, there are other mobile homes in the general
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 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
applicable.
Ordered this 5th da - ebruary, 1990.
(42176igiL -
,_ , .It Fred Retc in, Chairman
Attest:
4
C1-rk to the Board
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
Lights for Driving Range
Lighted Par 3 Golf Course
The County Commissioners for New Hanover County having held
a public hearing on April 2 , 1990 to consider application number
S-313 , 3/90 submitted by Raiford Trask, a request for a Special
Use Permit to use the property located on the south side of
Eastwood Road, west of Duck Haven Golf Course, 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:
A. Access to the site is available directly from Eastwood
to the existing driving range. No additional driveway
access points to Eastwood are proposed to serve the
range or the Par 3 . Instead, the current access point
will serve both facilities.
B. The property is located in the Seagate 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:
A. Outdoor recreation establishments commercially operated
are permitted by Special Use Permit review in the R-15
Residential District. The subject property is zoned
R-15 Residential.
B. Off-street parking is required for three ( 3 ) spaces for
each hole on the Par 3 . No specific standards are
given for driving ranges, although the applicant
proposes a ratio of one ( 1) space per tee at the
ranges. In all, a minimum of 64 spaces would be
4
needed; 90 spaces are shown. The existing lot will be
upgraded to accommodate two ( 2) rows of parking. The
lot will be set back approximately ten ( 10) feet from
the right-of-way.
C. Access requirements of the Ordinance are met.
D. The existing bulding at the range is set back 80+ feet
from the right-of-way. No additional buildings are
proposed.
E. No free-standing or ground signage is proposed.
F. Outdoor lighting to accommodate night-time play is
proposed for both activities.
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 majority of the land abutting the parcel is used
for golf course purposes (Duck Haven) . The driving
range is also an existing facility. It was developed
in association with Duck Haven.
B. Significant residential development is located across
the highway (Long Leaf Acres and Windemere) . This
major road corridor serves to physically separate the
residential uses from the golfing facilities.
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. A portion of the proposed site is already devoted to
golfing activities and the site is nearly surrounded by
an existing golf course.
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:
1. Only "directional" lighting be used on the driving
range and it be directed away from Eastwood Road.
2. The developer provide a deceleration lane on the
south side of Eastwood Road in accordance with
NCDOT design standards.
3 . The existing fence be moved further away from the
road and it be extended the full length of the
driving range.
4. Tree plantings be provided along the outside of
the fence (north side) line for a vegetative
screen above the fence line to provide coverage
between 10 and 35 feet within ten years or in lieu
of vegetation, netting should be provided.
5. The orientation of the tee pads at the range be
realigned in a more westerly direction to provide
for a greater angle of ball flight away from
Eastwood Road.
6. Wooden side boards be provided at each tee pad to
stop shanked balls.
7. No lights shall be on after 11: 00 p.m.
8. The wooded area on the south side of Eastwood Road
parallel to the Par 3 Course remain undisturbed.
Ordered this 2nd day of April, 1990.
00V E R
F ed Re
(Ke
1,4*
* . tchin, Chairman
Attest: Ipx-
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ty
Ckerk to the Board
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
IN CONJUNCTION WITH A CD(B-2) CONDITIONAL USE
ZONING DISTRICT, "HOME IMPROVEMENT SHOPPING CENTER"
The County Commissioners for New Hanover County having held
a public hearing on May 7, 1990, to consider application number
Z-400, 3/90; SC to CD(B-2) submitted by Stoval-Belmont
Partnership, a request for a Special Use Permit to use the
property located on the south side of Oleander Drive for a "Home
Improvement Shopping Center" , 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:
A. The property is not in a flood hazardous area.
B. A new left turn lane for Oleander Drive and a
decelaration lane are included for safety as well as
additional improvements as may be required by NCDOT.
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. All necessary easements, required setbacks, buffering,
and signage are indicated on the site plan.
B. The property having been cleared, except for buffer
areas, will be left as natural as possible.
C. Traffic and parking layouts are illustrated on the site
plan. Despite anticipated low traffic counts, the
parking exceeds the zoning requirements for retail uses
by approximately 25%.
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. In support of this
try
conclusion, the Commissioners make the following FINDINGS OF
FACT:
A. Buffer yards and setbacks are established which comply
Y P Y
with the minimum requirements of the Zoning Ordinance.
B. The applicant intends to restrict the use of the
property to home improvements needs, related retail and
office 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:
A. The site is adjacent to a major thoroughfare and will
be developed with retail uses catering to or related to
home improvement needs.
B. Surrounding uses on Oleander Drive are already
developed commercial.
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.
ILf C. Other:
1. All other Federal, State and local laws as
applicable.
2 . Permitted uses to be allowed include those
permitted in B-2 Business, except that
entertainment establishments, bars, cabarets,
discos, eating and drinking places, and outside
storage of building materials are not allowed.
3 . The property will be rezoned to CD(B-2) Business
ry as referenced to the attached Rezoning Order.
Also, the frontage property along Oleander Drive
is rezoned to B-2 Business (general use district)
, as referenced in the same Order.
•
A.
Ordered this 7th day of May, 1990.
: AKr F d Retchin, Chairman
Attest: Y.t
C erk to the Board
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Lw
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•
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
PET CEMETERY
The County Commissioners for New Hanover County having held
a public hearing on July 2, 1990, to consider application number
S-315, 6/90 submitted by Jere LeGwin, a request for a Special Use
Permit to use the property located on the west side of U.S. 17 at
Mendenhall Drive, and having heard all the evidence and arguments
presented at the hearing, make the following FINDINGS OF FACT and
draw 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:
A. The subject property has direct access to US 17 (Market
Street) .
B. Water and Sewer services are not generally needed for a
pet cemetery operation.
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. There are no specific ordinance requirements for the
establishment of a pet cemetery. Section 72-2 requires
that a "cemetery" meet the minimum requirements of the
North Carolina State Health Department.
B. The project is to consist of a burial site, a small
office and storage facility, a sign not to exceed 32
square feet and a five foot fence in combination with a
planted hedge.
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 petitioner plans to install new solid wood fencing
and hedging along the western boundary of the sjte
which is adjacent to existing single-family lots. .
B. Site development ( structures) will be minimal - one
small office - maintenance facility and grave sites. -
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 located on the west side of a heavily
traveled major thoroughfare and is in close proximity
to a variety of land uses, residential and
non-residential.
B. Residential lands to the west will be screened with a
combination of fencing and plantings.
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: 1) all other Federal, State and local laws
applicable; 2) night lighting be allowed, provided it
does not exceed standard street lighting lumens.
Ordered this 2nd day of July, 1990 .
..tei f/dilrf ,..
Fred Retchin, Chairman
Attest:
/ 'Y il* iik
,' ,1 . /��
C./er „ to the Boar.,' / /
•
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
RETAIL NURSERY (LANDSCAPING)
The County Commissioners for New Hanover County having held
a public hearing on October 1 , 1990 to consider application
number Z-416, 9/90 submitted by Lloyd Brinkley, a request for a
Special Use Permit to use the property located on the west side
of U.S. 17 between Oak Ridge Lane and Greenview Drive, 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:
A. The property is located east of and at the entrance to
two subdivisions: Oak Ridge and Greenview Ranches.
B. Access to the site is via Oak Ridge Lane and Greenview
Drive. There is no direct access to US 17.
C. The site is located within the Ogden 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:
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 abutting property,� g or g propert or that the use is a
public necessity. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
A. There is no documented evidence to substantiate this
proposal would cause any negative impacts on
•
surrounding residential 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:
A. A wholesale nursery operation is currently in operation
on the site. Activities include: maintenance and
establishment of nursery stock, a small office and one
storage building.
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:
1. All other Federal, State and local laws
applicable.
2. No access be permitted directly to U.S. 17.
3 . Outside storage of equipment after working hours
shall be prohibited.
4. Principal use signs shall not exceed 150 square
feet.
5. All other buffering, setbacks and spacing
requirements shall apply.
Orde -d this 1st day of October, 1990.
r( OVE
AO / 0/ ,
( ; �y Fre. Retchin, Chairman
���rsrA �I
Attes 401rO01*'�a
C -rk to the Board
k
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
CHILD DAY CARE
The County Commissioners for New Hanover County having held
a public hearing on October 1, 1990 to consider application
number S-320 submitted by Jacqueline Tozour, a request for a
Special Use Permit to use the property located at 619 Albemarle
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 72-20 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. The proposed use will be located in an existing
dwelling. Access to the site is directly to Albemarle
Road, a public street.
B. The existing structure has been used for the past three
years for child care. However, because the existing
center provided care for five or fewer children, no
special use permit was required. Centers locating in
residential districts with more than five children must
obtain a special use permit.
C. The applicant is working closely with Inspections and
State Day Care Licensing officials to insure interior
improvement comply with design guidelines. No State
license will be issued until the applicant has met
required State day care sign requirements.
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. Child day care is permitted by Special Use Permit on
property zoned R-10. This iste is zoned R-10.
B. Seven off-street parking spaces are provided. A
minimum of five are needed for this site.
i
C. The applicant intends to provide ingress and egress to
the site so that pick-ups and deliveries can be made
without backing onto the street.
D. The play area, located in the rear yard of the
structure, is already enclosed with a fence.
E. No outside signage is shown on the site plan.
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 center which will accommodate up to 10 children,
will be located in an existing residence where child
care is currently provided for five or fewer children.
There is no documented evidence to suggest the current
operation has created value hardships for 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 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 center will be in an existing residence. No
yexterior renovations are planned.
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 3
• 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
applicable.
Ordered this 1st day of October, 1990.
0,1 •
. .71T
F - Retchin, Chairman
S
Attest:
I.
%
C .-rk to the Board
I
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
MOBILE HOME
The County Commissioners for New Hanover County having held
a public hearing on October 1, 1990 to consider application
number S-323 , 10/90 submitted by Patricia A. Schotten, a request
for a Special Use Permit to use the property located at 1720
Oakley Loop 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 72-27 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. The mobile home will be located on nearly one ( 1 ) acre
of land. Ample area is available to accommodate a well
and septic tank.
B. This site is in the Wrightsboro Volunteer Fire
Department District.
C. The site has direct access to Oakley Loop 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 use meets all required
conditions and specifications. In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
A. Mobile homes are permitted by Special Use in the R-20
Residential District. This property is is zoned R-20.
B. All setbacks of the R-20 District 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. A mobile home is currently located on the property and
property to the north is developed with a mobile home park.
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. There are other mobile homes in the general 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 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
applicable.
Ordered this 1st day of October, 1990.
.(`1' E C
"Ai;
Fr 'etchin, Chairman
Attest: v '" 1.4
4111 � .:11-
L, • A %L --a.
C -rk to the Board
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
CONVENIENCE FOOD STORE
The County Commissioners for New Hanover County having held
a public hearing on October 1, 1990 to consider application
number S-321, 9/90 submitted by Allan coward, a request for a
Special Use Permit to use the property located on Wrightsville
Avenue opposite Plaza East Shopping Center, 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 72-4 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. The site has direct access to a public road
(Wrightsville Avenue) .
B. The site is located in the Seagate 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:
A. A convenience food store is permitted by Special Use
Permit in the R-15 Residential District. This is zoned
R-15.
B. The gross square footage of the facility is 3000 square
feet. The maximum permitted by the ordinance is 3000
square feet.
C. The facility would provide for the sale of meats and
general merchandise. No fuel sales are proposed.
D. A free-standing sign 26 feet in height with a total
sign area of 60 square feet is proposed.
E. The site proposed for this facility is not located
within the interior of a subdivision.
F. ; Twenty-one off street parking spaces are proposed.
This exceeds the minimum required by the ordinance.
G. The total amount of land devoted to the use is .76
acre. The maximum allowed is one 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:
A. The property is located along the south side of
Wrightsville Avenue. This road serves as a major link
to Wrightsville Beach and accommodates numerous
commercial activities on both sides of the corridor.
B. A 7 foot solid wood fence and vegetative screen will be
provided along the site' s southern, eastern, and
western boundaries.
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. A convenience food store with food sales is located
just east of this site and Plaza East Shopping Center
is across the street to the north. Also, a small mall
is located to the west and there are numerous
non-residential uses to the east.
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
applicable.
1. All applicable Federal, State and local laws
2. All buffering shall be located between property
line and fencing
3. Directional lighting shall be required and must
not shine on adjacent residential properties
Ordered this the 1st day of October, 1990.
��-r�� Fed Retchin, Chairman
Attest: A;'
C erk to the Board � �`
}
II
i .
3 ______-_-----/
4
i J
4 STATE OF NORTH CAROLINA
1 COUNTY OF NEW HANOVER
3 ORDER GRANTING A SPECIAL USE PERMIT
DUPLEX
1
The County Commissioners for New Hanover County having held
a public hearing on November 5, 1990 to consider application
number S-325, 10/90 submitted by Ligon B. Flynn for C. I.
t Carlson, Jr. , a request for a Special Use Permit to use the
property located at the terminus of Santa Maria Avenue, and
1 having heard all the evidence and arguments presented at the
hearing, makes the following FINDINGS OF FACT and draws the
4 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
I support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
A. The proposed duplex will be served by an on-site well
and septic system.
1
1 B. Access to the site is via Santa Maria Avenue, a platted
but unimproved right-of-way. The current access is
merely a one lane private dirt drive.
1
C. The site is located within the Ogden VFD District.
g
3 . It is the County Commissioners ' CONCLUSION that the
Iproposed 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. Duplexes are permitted by Special Use Permit in the
R-20 District. This site is zoned R-20 .
B. A minimum of 35, 000 square feet in land area is
required for a duplex. The site' s total area is 1. 9
i
acres.
I
C. Off-street parking can be easily accommodated on the
site.
i
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:
A. Land is sparsely developed in the general area and most
of the adjoining lots are larger tracts of land. The
larger lot sizes encourage less density and greater
setbacks.
r 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:
A. Land development in the area is generally limited to
larger single-family structures on large lots.
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
is PERMIT be GRANTED, subject to the following conditions:
r `
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
applicable.
Ordered this 5th day of November, 1990.
$010VER O `
44/4 ;� ' ��y� Fred Retchin, Chairman
Attest: ' wi r '`
* 040-),::- i,/74,___ 1.3.i .---' , ..i•-C-C erk to the Board op ,2T0 c'�
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
MOBILE HOME PARK EXPANSION
The County Commissioners for New Hanover County having held
a public hearing on November 5, 1990 to consider application
number S-322, 10/90 submitted by George Marley, a request for a
Special Use Permit to use the property located at 1710 Oakley
Loop 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:
A. The applicant has obtained an improvement permit from
the County Health Department for the installation of a
septic tank.
B. An existing on-site well will provide water service.
C. The addition, consisting of one lot, will have access
to Oakley road via an internal access road.
D. The site is located within 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:
A. New mobile home parks or expansions of mobile home
parks require a Special Use Permit.
B. The subject property is zoned R-15 Residential, which
permits mobile home parks by Special Use Permit.
C. The proposed expansion complies with all the conditions
of the Mobile Home Park and Travel Trailer Ordinance.
4 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:
A. The lot addition will be part of an existing ten ( 10)
unit mobile home park.
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. There are other mobile homes in the general 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 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
applicable.
Ordered this 5th day of November, 1990.
20:
001/Y: 7
�4 �'i%
{ * ;�, �'�!�y�< Fr d Retchin, Chairman
i1 y/ J 1 r
Attest: %,-. . #
(- 0):e)c.7/),(4‘1,,i/(__— IPT- cf
C erk to the Board
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
CHILD DAY CARE CENTER
The County Commissioners for New Hanover County having held
a public hearing on November 5, 1990 to consider application
number S-324, 10/90 submitted by United Cerebral Palsy of N.C. ,
Inc. , a request for a Special Use Permit to use the property
located on the west side of Military Cut-Off 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 72-20 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
1 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 proposed use will be located on the west side of
Military Cut-Off Road. Access to the site will be from
Old McCumber Road on the north side of the site
B. The property is located within Ogden VFD District.
C. A County sewer line is being installed along Military
Cut-Off. Water and sewer service to the site is likely
to be supplied by on-site sources.
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. Child day care is permitted by Special Use Permit in
the R-15 Residential District. This property is zoned
{ R-15.
B. The proposed facility, consisting of 4500 square feet,
3 will house up to 45 children and 20 employees.
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• C. • A playground, 4000 square feet in area and enclosed by
3 a 4 foot high fence is also proposed.
D. No permits have been issued by the State Day Care
Licensing Agency and a local Certificate of Occupancy
cannot be issued until all other local and applicable
state requirements have been 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. Property on the west side of the road in the immediate
area is either vacant or used for agricultural
purposes.
A
1
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
I make the following FINDINGS OF FACT:
A. There is no definitive land development pattern in this
area Uses located within reasonable proximity to this
1 site include single-family structures, a gun range,
private utility facility (CP&L) , mobile home park, and
agricultural uses.
i
1 6. Therefore, because the County Commissioners conclude
that all of the general and specific conditions precedent to the
i 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
i specific requirements stated in the ordinance for the
proposed use, as well as any additional conditions
i hereinafter stated.
B. If any of the conditions imposed by this special use
1 permit shall be held invalid beyond the authority of
1 this Board of Commissioners by a court of competent
jurisdiction then this permit shall become void and of
no effect.
1
C. Other: All other Federal, State and local laws
1 applicable.
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• Ordered this 5th day of November, 1990.
fi / Of trAgr/
Fre• Retchin, Chairman
= #
Attest: s,
OA, ity
C1-rk to the Board
t I
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}
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}
3
• y0' 0e. a�
de'. 3 /990
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ORDER GRANTING A SPECIAL USE PERMIT
IN A CONDITIONAL USE ZONING DISTRICT
Mini-Storage and On-Site Manager' s Office
The County Commissioners for New Hanover County having held
a public hearing on December 3 , 1990 to consider application
number Z-422 , 11/90 submitted by Robert Burke, a request for a
Special Use Permit in a Conditional Use Zoning District to use
the property located on the south side of Oleander Drive, 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 71-1( 3 ) and 72 as
applicable 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. All internal drives will be paved to reduce the effects
of dust on adjoining residential properties.
B. • Water and sewer is available to the site.
C. Access is available to Oleander Drive and will be
provided to Bagley and Giles Avenue. Giles will be
paved.
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 activities, boat storage and mini-storage
are permitted uses in the B-2 Business District. A
total 49, 100 square feet of mini-storage is proposed.
A 900 square foot residence/office in conjunction with
the mini-storage is proposed.
B. The on-site manager' s office and apartment will be
located to the rear of one of the warehouse structures.
Its floor area, 900+ square feet represents only 4% of
the total area proposed for mini-storage. The minimum
side and rear yard setbacks for the dwelling/office can
1
be met. Occupancy of the dwelling will be limited to
the person engaged in the business, a full-time
employee and his/her family members . Two off-street
parking spaces will be required for the residence.
C. No specific data are given on signage, although signage
is to be located on existing buildings in the B-2
District to the north outside the sphere of this
application.
D. All warehouse buildings are to be ten feet in height.
The minimum rear yard setback is 37.5 feet. The
minimum side yard for uses in a B-2 district when
adjacent to a local street is 35 feet. The site plan
shows 45 feet.
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. A twenty-five foot natural vegetative buffer will be
left along the rear of the site
5. Therefore, because the County Commissioners conclude
that all of the general and specific conditions precedent to the fi
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:
1) All other Federal, State and local laws as
applicable.
2) Giles Avenue be paved from the southern property
boundary of the site to Oleander Drive.
3 ) All internal drives shall be paved.
4) The rear yard buffer shall be no less than 25 feet
in depth. Existing vegetation must be used.
5 ) An on-site manager' s residence will be permitted.
6) Mini-storage and related storage, including but
not limited to boat storage, will be permitted.
7 ) Landscaping, off-street parking, and signage shall
be in accordance with local zoning requirements.
1 F
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{ . . . . . . . . ... . .
} |
8 ) Security fencing around the perimeter of site is
required.
} 9) Only directional lighting on site is permitted.
} Ordered this 3rd day of December, 1990.
i® !
} Fr d 2etc&in, Chairman
Attest:
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C .erk to the Board
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