Local News - October 2003

Zoning request stumbles to passage

Published October 8, 2003

By ALICE SMITH, Staff Writer

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A controversial rezoning application won approval Monday night, but not before deadlocking the board and causing a stir in the Commissioners Room.

The application from Lake Norman Dredging & Marine Construction Inc. was approved unanimously by the four commissioners present. Commissioner Tom Anderson was absent due to bypass surgery last week.

During the first vote on the issue, the commission deadlocked on a motion by Commissioner Carrol Mitchem to rezone less than what the applicant had requested.

Commissioners Larry Craig and James “Buddy” Funderburk voted against the motion.

The board’s rules state that a motion must win three votes or it automatically fails, county attorney Jeff Taylor said.

Board members then voted on a motion to wait for Anderson to return before making a final decision on the application.

Deadlocking again, the motion failed.

Opponents of the request, which would have rezoned 17 acres of land along Campground Road from Transitional Residential to General Business, walked silently out of the room after it was announced that the rezoning application was not approved.

Residents who live along Woodbeach Road, which is beside the affected property, have been vocal opponents of the proposal since it first came to the board in early August.

Citing an increase in traffic and a decrease in their residential serenity, they’ve been present at every meeting and active in their opposition.

Applicant Rick Miller, owner of the company based out of Mooresville, changed his request twice to appease the neighbors, finally agreeing to leave out a 40-foot buffer strip along the eastern boundary.

Resident Jeanne Nuhfer said that wasn’t enough.

“Whether it’s 100 feet away or 40 feet away, it’s still out my living room window,” she said.

Mitchem then made the motion to grant the application with a reduction in the area requested.

Craig disagreed with that idea, saying one of the goals of the county’s land use plan is to encourage economic development in areas where it is appropriate. Under its current zoning, 25 to 30 mobile homes could be placed on the property.

“We have to look at the bigger picture …,” Craig said. “I know this has an effect on you, but it also has an effect on Lincoln County.”

The businesses would bring more tax base, and that would be beneficial for residents, Craig said.

He also reported that Nuhfer may be in violation of zoning rules because of a warehouse on her property and said he has asked code enforcement officials to look into the matter.

Since the public hearing had ended, Nuhfer was not allowed to respond to Craig’s comments.

After several other public hearings, the board took a short break. During that time, Miller approached commission Chairman Jerry Cochrane and questioned the board’s procedures.

Miller said it was an oversight of the board by not considering his original request, only Mitchem’s revised motion.

Cochrane said he agreed with Miller’s comments. Taylor also agreed that there had been no vote on the application as it had been applied for.

Craig then motioned to accept the rezoning with the 40-foot buffer.

It was unanimously approved, but not before Mitchem expressed displeasure with the proceedings and the lack of information given to residents that night.

“We left them in the dark,” he said. “They left here not knowing it was going to be changed.”

In other business, the board:

·  Approved an ordinance regulating pre-hospital and emergency medical services in the county.

·  Heard a report from the Region F Area Aging Advisory Committee.

·  Heard a report on Health Department needs from Dennis Williams of Williams Design. The board voted 3-1 with Mitchem in opposition to pay the firm $11,450 to do a study on the current building’s repair needs and planning for a future building.

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© 2001 Lincoln Times-News  

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