S19-02 Approval OrderSUP Book IV page
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
Residential Uses within a Commercial District on approximately 15.6 acres of land located
in the 200 Block of Lendire Road near the 7200 Block of Market Street
S19-02
The County Commissioners held a public hearing on June 1, 2020, to consider
application number S 19-02 submitted by Coswald, LLC, by and through its Agent, Tribute
Investment and Development, Inc., to develop a residential use within a commercial district on
approximately 15.6-acres of land located in the 200 block of Lendire Road near the 7200 block
of Market Street. Based upon the Board of County Commissioners hearing held on June 1, 2020
and the Order of the North Carolina Court of Appeals, dated November 2, 2021, the Board
hereby grants the applicant's request for a special use permit. In doing so the Board makes the
following FINDINGS OF FACT and renders the following CONCLUSIONS:
1. The Board finds pursuant to the North Carolina Court of Appeals Order that the proposed
use does satisfy the first general requirement of the Ordinance namely the requirement
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. The North
Carolina Court of Appeals determined that the Board of Commissioners' finding of fact
regarding this requirement of the Board was not based upon competent, material, and
substantial evidence in the record.
2. The Board finds that the proposed use does satisfy the second general requirement of the
Ordinance; namely that the use meets all required conditions and specifications.
3. The Board finds that the proposed use does satisfy the third general requirement of the
Ordinance; namely that the use will not substantially injure the value of adjoining or
abutting property.
4. The Board finds that the proposed use does satisfy the fourth general requirement of 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 in New Hanover County.
5. Therefore, pursuant to these findings the Board of County Commissioners conclude that
the specific and general requirements necessary for the issuance of a special use permit
have been satisfied and it is HEREBY ORDERED that the application for the special use
permit be GRANTED and it is hereby issued.
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Ordered this the J day of November 2021.
Juli lson-Bosman, C i an
A;bWleigh
G. 46well, Clerk to the Board
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