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504 <br /> <br />There was no one present to speak regarding the rezoning request. <br />UPON MOTION of Commissioner Barnhardt, seconded by Commissioner Payne <br />and unanimously carried, the Board approved Petition 84-02 of Roy L. <br />Biggerstaff to rezone Map/PIN 5613(05)-29-9131, 29-1251 from C-1 to RMF-6. <br /> <br />(4) <br /> <br />Petition 84-03, Mr. & Mrs. Henry C. Medlin, township 4, corner of <br />Brantley Road and Midlake Road. Map/PIN 5623-78-6294. Wishes to <br />rezone from R-40 to R-9. The Planning Board voted unanimous to <br />rezone approximately 45 acres of a 66 acre tract. Reasoning, part <br />of the tract does not drain into the Kannapo!is Sanitary District. <br />Kiser/Beaver Realty is the agent in charge of this request. <br /> <br /> Mr. George Kiser, representative of Mr. and Mrs. Henry C. Medlin, <br />stated he had received a positive indication from the Kannapolis Sanitary <br />District that the property would be annexed into the district to provide <br />water and sewer services. <br /> No one spoke in opposition to the rezoning request. <br /> UPON MOTION of Commissioner Barnhardt, seconded by Commissioner Payne <br />and unanimously carried, the Board approved the rezoning of approximately <br />45 acres of a 66 acre tract, Map/PIN 5623-78-6294, from R-40 to R-9. The <br />metes and bounds description of the portion rezoned is as follows. <br /> <br />Being a tract lying on the South side of Brantley Road and being <br />a part of the property of H. C. Medlin, Jr., as shown on the map <br />entitled "Map of Existing Utilities, H. C. Medlin Heirs," prepared <br />by E. R. Ruckner, Registered Land Surveyor, January 13, 1984, said <br />property also being shown on a map entitled "Property of H. C. <br />Medlin" prepared by S. Glenn Hawfield, Registered Surveyor, <br />January 22, 1947, and recorded in the Office of the Register of <br />Deeds for Cabarrus County, North Carolina, in Map Book 7, page 81, <br />and being more fully described as follows: <br /> <br />BEGINNING at a point where the center line of Brantley Road is <br />intersected by the center line of Midlake Avenue, and runs thence <br />along the center line of Brantley Road, South 62-30 East 780 feet, <br />more or less, to the point where the center line of Brantley Road <br />intersects the Western line of Lizzie Propst property; thence <br />South 26-37 West 82 feet to an iron stake; thence South 14-00 <br />East 66 feet to an iron stake in the spring; thence South 10-45 <br />West 583.1 feet to an iron stake, corner of C. J. Hileman; thence <br />South 56-56 East 200 feet to a point, a new corner; thence along <br />three lines running through the Medlin property to the Eastern <br />edge of Midlake Avenue: (1) South 40 West 275 feet; (2) South 81-20 <br />West 615 feet; (3) South 57-30 West 200 feet to a point in the <br />Eastern edge of Midlake Avenue; thence along the Eastern edge of <br />Midlake Avenue, South 13 East 450 feet to a point; thence through <br />the Medlin property along six lines returning again to the Eastern <br />edge of Midlake Avenue; (1) North 77 East 280 feet; (2) South 62 <br />East 450 feet; (3) South 7-30 West 540 feet, more or less; (4) <br />South 78-30 West 250 feet; (5) South 13 East 480 feet; and (6) <br />South 77 West 140 feet; thence along the Eastern edge of Midlake <br />Avenue, South 13 East 70 feet to a point in the line of Medlin; <br />thence North 61-45 West 210 feet to an iron; thence North 5-58 <br />West 326 feet to a point in the center line of Hopedale Street; <br />thence along the center line of Hopedale Street North 66-00 West <br />156 feet to a point; thence North 24-00 East 62 feet to a point <br />in the old W. G. Patterson line; thence North 52-03 West 675 feet <br />to an iron, corner of Lot No. 2 of the E. A. Patterson Division; <br />thence along the line of E.A. Patterson Division North 20-05 East <br />1165 feet, more or less, to a point in the center line of Midlake <br />Avenue; thence along the center line of Midlake Avenue North <br />11-00 East 1300 feet, more or less, to the point of BEGINNING. <br /> <br />(5) <br /> <br />Petition 84-04, Southern Homes, Inc., township 9, Cold Springs Road. <br />Map/PIN 5569-46-2645. Wishes to rezone from ARR to R-7.2. Planning <br />Board granted the request with a 4 to 1 vote. One question was <br />raised about spot zoning. <br /> <br /> Mr. Franklin R. Plummet, attorney representing Southern Homes, Inc., <br />and Mr. R. M. Faggart, requested the rezoning to allow the establishment <br /> <br /> <br />