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Planning and Zoning Commission Minutes luly 21, 1994 Page 18 good for residential that has no access to a road. We are isolating this piece of property all on the assumption that Mr. Crum, and he is not doubting his word, says sometime down the road he is going to build a house. But what happens if for whatever reason he goes out of business. You will have two pieces of property completely different, one of which you do not have access to, which he thinks would be a major concern. He said he does not see how the board could undertake to do this if we are going to create this isolated property. Mr. Newton said just for clarification, this would not be a split of property, it is not a subdivision of the property. Rather it would be 1 parcel with 2 zones should this go through and be approved. . .~-._ The Chair said she understands also in LDR you ~n have limited commercial uses. She said she also understands that this is Highway 601, it is a busy road. She '.~i.'d she is not in favor of this petition. She is hesitant to put a commercial zone in the middle of an LDR. There being no further comments, Mr. Smith MOTIONED to deny Petition 94- 03, seconded by the Chair. Mr. Jeter asked if the vote has to be a simply majority. The Chair said it depends. In any case under any circumstances the petitioner can ask this to go to the County Commissioners for final decision. However, if this was 7, 8 or 9 to approve, we could be the final authority. The Commissioners would not have to hear that again and reapprove it. If it were 7, 8 or 9 to deny, it could stand on its own and not go to the Commissioners unless the petitioners wanted it to go because it was a denial. If it is 5 or 6 votes to approve the motion, it is going to go to the Commissioners. Mr. Newton said it is a simple majority of 3/4. If it is a 3/4 vote which is 7, 8 or 9 and it is not appealed by anyone who considers themself to be aggrieved, and that is anyone, not necessarily the petitioner. If it is a super majority and no one appeals it within 15 days after the decision, then the decision stands. If any of the other things come into play, then it automatically goes on to the Board of Commissioners and is heard as a new case. After further discussion, the vote was 6 to 3 to deny Petition 94-03. Mr. Brownlow, Mr. Davis, Mr. Dwiggins, Mr. Ieter, Ms. Randall, and Mr. S .m!th for denial of this petition. Mr. Allison, Mr. Drye, and Mr. Moose against the denial of this petition.