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274
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<br /> UPON MOTION of Commissioner Payne, seconded by Commissioner Hamby and
<br />unanimously carried, the Board denied Petition 85-31 by Harling and Mervin,
<br />Inc., to rezone property on Laverne Drive from R-9 to RMF-7A.
<br />
<br />(10) Petition 85-32. Bobby Lemmons, Queens Drive, township 11, Map/PIN'
<br /> 5529(20)-71-8377, 71-9450. Wishes to rezone from R-9 to C-1. 3-1
<br /> denied, Board felt this would create a spot zone.
<br />
<br /> Mr. James F. Owens advised the Board that this rezoning would constitute
<br />spot zoning and it was the recommendation of the Planning staff that the
<br />petition be denied until an overall updated comprehensive plan can be
<br />implemented for that area.
<br /> Mr. William L. Mills, III, attorney representing the property owner,
<br />spoke in support of the rezoning. He reviewed the various uses of property
<br />in that area and stated it would not constitute spot zoning because of the
<br />proximity of commercial zones.
<br /> No one spoke in opposition to the rezoning petition.
<br /> UPON MOTION of Commissioner Barnhradt, seconded by Commissioner Upright
<br />with Commissioners Upright and Barnhardt and Chairman Lentz voting for and
<br />Commissioners Hamby and Payne voting against, the Board approved Petition
<br />85-32 by Bobby Lemmons to rezone property on Queens Drive, Map/PIN 5529(20)-
<br />71-8377, 71-9450, from R-9 to C-1.
<br />
<br />(11) Petition 85-33. William Larry Lancaster, Tiffany Drive, township 2,
<br /> Map/PIN 5611(19)-70-3546. Wishes to rezone from R-15 to C-3. -4-0
<br /> approval, Board felt property could not be used for residential
<br /> purposes.
<br />
<br /> Mr. James F. Owens stated the purpose of the rezoning was to expand
<br />the present lot and build a mini warehouse. He pointed out that it was
<br />the opinion of the staff that this rezoning would be a commercial encroach-
<br />ment upon a residential neighborhood.
<br /> No one spoke either for or against the rezoning request.
<br /> UPON MOTION of Commissioner Barnhardt, seconded by Commissioner Hamby
<br />and unanimously carried, the Board approved Petition 85-33 by William Larry
<br />Lancaster to rezone property on Tiffany Drive, Map/PIN 5611(19)-70-3546,
<br />from R-15 to C-3.
<br />
<br />(12) Petition 85-34. Billy Krimminger, Mt. Pleasant Road, South, township
<br /> 9, Map/PIN 5567-17-8675, 27-3684. Wishes to rezone from I-X/ARR to
<br /> I-1. 4-0 approval, Board felt existing business is in character with
<br /> existing land use.
<br />
<br /> Mr. Cecil Jenkins, attorney representing Krimminger Machine Company,
<br />Inc., requested the rezoning to permit the company to expand its existing
<br /> It was noted that the subject property is rural in character and
<br />that the rezoning would constitute spot zoning.
<br /> No one spoke against the requested rezoning.
<br /> · UPON MOTION of Commissioner Barnhardt, seconded by Commissioner Upright
<br />and unanimously carried, the Board approved Petition 85-34 by Billy Krimminger
<br />to rezone property on Mt. Pleasant Road, South, Map/PIN 5567-17-8675, 27-3684,
<br />from I-X/ARR to I-1.
<br /> In regards to the rezoning petition of May, 1985, by Mr. and Mrs. Herman
<br />Childers to permit the sale of Christmas trees at the corner of Wright Avenue
<br />and Lane Street, Mr. Owens presented the following statement from Mr. F.
<br />E. Isenhour, Jr., Zoning Administrator.
<br />
<br />Since there is no use line item in the Cabarrus County Zoning
<br />Ordinance for Christmas Tree Sales and since these sales are
<br />considered to be a seasonal business this office has ruled that
<br />this business is more of a convenience sale instead of a normal
<br />retail sales and would be allowed in a C-i, C-2, C-3, and a C-4
<br />as a permitted use and in an A-2, ARR, and A-I zone as a conditional
<br />use and would not require its own line item.
<br />
<br /> Mr. James F. Owens also reported that Mr. Joe M. Stallings had requested
<br />that the 3.69 acres of property located on the north side of Rocky River
<br />remain zoned I-2. However, he noted that a formal withdrawal had not
<br />been submitted for this petition, which had been tabled until this meeting
<br />by the Board on May 2, 1985.
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