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514 <br /> <br /> Mr. James F. Owens, Assistant Planning Director, stated there would be <br />no problem with rezoning the back portion of the property commercial in <br />regards to the City of Kannapolis Zoning Ordinance which is presently in the <br />public hearing status. <br /> UPON MOTION of Commissioner Hamby, seconded by Commissioner Barnhardt <br />and unanimously carried, the Board approved Petition 86-24 by John Wayne <br />Josey to rezone from R-7.2 to C-3 that portion of property off South Ridge <br />Avenue, Map/PIN 5613(11)-55-7502, 7416, 7412, which is between the railroad <br />tracks and the chain link fence as shown on a survey by Gaylon L. Kelly dated <br />April 1, 1986, with the remainder of the tract remaining R-7.2. The boundary <br />of the property rezoned from R-7.2 to C-3 is as follows. <br /> <br />BEGINNING at a point in the northbound track of Southern Railway, said <br />point being the common rear corner of Lots Nos. 3 and 4 of "ROGERS <br />ANNEX" and runs thence N. 79-30 E. 128.00 feet to an existing 2" iron in <br />the dividing line of Lots Nos. 3 and 4; thence a new line N. 10-30 W. <br />10.00 feet to an existing 2" iron; thence a new line N. 79-29 E. 41.50 <br />feet to a point; thence S. 9-28-20 E. 163.70 feet to a point in the <br />southern line of Lot No. 1; thence S. 77-34-56 W. 175.00 feet to a point <br />in the northbound track of Southern Railway, the southwestern corner of <br />Lot No. 1; thence N. 7-08-52 W. 159.91 feet with the rear line of Lot <br />Nos. 1, 2 and 3 to a point in the northbound track of Southern Railway, <br />the point of BEGINNING, and containing 0.63 acres, more or less. <br /> <br />ZONING TEXT AMENDMENT <br /> <br />(1) <br /> <br />Section 5.23, page 83 - Add to end of Section 5.23 This section will <br />apply to all existing and newly proposed swimming pools. Planning Board <br />voted to deny 4-1. <br /> <br /> Mr. F. E. Isenhour, Jr., Zoning Administrator, asked for approval of the <br />text amendment to make Section 5.23 which requires fencing around swimming <br />pools clearer and easier to enforce. He stated that officials of the <br />Institute of Government had indicated that the pool fencing requirement could <br />be made retroactive and the County could proceed from a safety standard to <br />have all private pools enclosed with a fence. <br /> Mr. Rankin spoke against the proposed amendment, stating that all pools <br />built prior to 1982 had been grandfathered in under the ordinance and were <br />exempt from the zoning regulations. <br /> There was no one else present to speak for or against the proposed <br />amendment. <br /> UPON MOTION of Commissioner Payne, seconded by Commissioner Barnhardt <br />and unanimously carried, the Board tabled the proposed Zoning Text amendment <br />to Section 5.23, page 83, until the next zoning meeting in October. <br /> <br />MINIMUM HOUSING CODE TEXT AMENDMENT <br /> <br />(1) <br /> <br />Section XIV, page 13 <br />From: (a) Preliminary Investigation; Notice; Hearing. Whenever a <br /> petition is filed with the Inspector by a Public Authority <br /> or at least by five (5) residents of Cabarrus County .... <br /> <br />To: (a) <br /> <br />Preliminary Investigation; Notice; Hearing. Whenever a <br />verified petition is filed with the Inspector by a Public <br />Authority or by at least five (5) residents of Cabarrus <br />County ..... <br /> <br />The Planning Board voted to approve 4-0. <br /> <br /> Mr. Michael Byrd, member of the Planning Staff, reported that Mr. C. E. <br />Avant, Building Inspector, had requested the amendment to require a verified <br />petition. Mr. Hartsell explained that the verified petition requirement <br />would help to ensure that persons signing a petition alleging violations to <br />the Minimum Housing Code have some knowledge of the events set out in the <br />petition. He further explained that the verified petition would give the <br />inspectors something of significance to proceed on in their investigation. <br /> There was no one present to speak for or against the proposed amendment. <br />UPON MOTION of Chairman Lentz, seconded by Commissioner Barnhardt and <br />unanimously carried, the Board deferred action on the proposed amendment with <br /> <br /> <br />