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special use but not as a s[raight rezoning, you have crossed that line. He said in <br />the Board's deliberation they should solely consider ~he petition as presented. <br /> <br />Mr. Starnes asked if it has to be a year before he can reconsider. <br /> <br />Mr. Marshall said on that question, a dissimilar rezoning could be heard in less <br />than a year. He said if the petition was denied tonight for a straight rezoning <br />then a petition under which you determine conditions have changed drastically <br />or a different request, and a special use is a different request, could be heard by <br />this board in less than a year. Mr. Marshall said as a county employee, he thinks <br />he has the responsibility of pointing out those legal issues. <br /> <br />The Chair asked Mr. Marshall to clarify, if the Motion is 75%or greater majority <br />it passes, if it is less than that it can be appealed to the Commissioners. <br /> <br />Mr. Marshall said if this Motion carries by greater than 75% of the majority, then <br />that decision is final unless appealed to the Commissioners. If it is less than 75% <br />of the majority and still approved, then that automatically goes to the <br />Commissioners. If the Motion does not carry, then you would still have this <br />rezoning application on the table. <br /> <br />Mr. Eudy said he does not have a problem with Mr. Wallace. He said he <br />commends him on what he has done. He said to be honest, he would like for <br />Mr. Wallace to make a commitment and be his neighbor. <br /> <br />The vote to deny Petition 97-11 was 2 to 7, Mr. Drye and Mr. Moose in the <br />affirmative on the motion to deny. <br /> <br />The Chair asked if he could get a motion to reconsider to approve Petition 97-11. <br /> <br />Mr. Moose MOTIONED to reconsider Petition 97-11, seconded by the Chair. The <br />vote was 7 to 2, Mr. Drye and Mr. Moose dissenting. <br /> <br />Mr. Dwiggins MOTIONED to approve Petition 97-11, seconded by Mr. Kiefer <br />the vote was 7 to 2, Mr. Drye and Mr. Moose dissenting. <br /> <br />Director's Report <br /> <br />Mr. Marshall stated that the rezoning of Mr. Sam Wilson property at lira <br />Sossoman Road and U.S. Highway 601 that was approved for special use <br />rezoning for a home and self service storage facility, was appealed to the courts <br />and was overturned as illegal spot zoning and therefore is Low Density <br />Residential, pending an appeal if there is one. <br /> <br /> <br />