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Planning and Zoning Commission <br />Minutes <br />December 14, 2021 <br /> <br /> <br />1. Site plan review and approval is required subsequent to Board of Adjustment approval in <br />order to ensure compliance with all applicable development requirements and conditions. <br /> <br />2. A granting order, stating restrictions and applicable conditions of approval, shall be <br />recorded with the deed of the property. <br /> <br />3. The applicant shall procure any and all applicable federal, state, and local permits prior to <br />commencement of the project. <br /> <br />4. Expansion of this project, as well as modifications or changes to the approved site <br />plan, must receive Board of Adjustment approval in the form of an amendment to the <br />Special Use Permit. <br /> <br />The Chair asked if there were any questions for the applicant. He asked Mr. LaFranchi if he <br />wanted to make a presentation. He did not. <br /> <br />The Chair said he had a question and asked Mr. LaFranchi to come forward. <br /> <br />The Chair said your plan shows a driveway, and he understands that the Fire is requiring a 20- <br />foot drive to meet up with code. But your driveway is outside of your easement on properties that <br />do not seem to have an easement. He asked if that was correct. <br /> <br />Mr. Brian LaFranchi, 828 Hartford Avenue, Charlotte, NC, Aqua North Carolina Treatment <br />Building Supervisor addressed the Board. His understanding from his client, is that that easement <br />should have been recorded when the original driveway was installed. <br /> <br />Mr. Dagenhart said the documents that were provided, referencing Map Book 20 and Page 11, <br />shows that it is exclusively on that one lot. <br /> <br />Mr. LaFranchi said we would need to work with the fire department potentially during <br />construction to see if we can keep it on the existing property. There are some existing power <br />poles that we would need to go around for that requirement. But again, Aqua is taking the <br />position that they have prescriptive rights for that existing driveway. <br /> <br />The Chair does not know if the Board can sign off on anything without a condition that, that be <br />resolved, because that puts us in a bind, that we approved something that is not legal. <br /> <br />There being no questions, and no one speaking for or against the case the Chair opened and <br />closed the public hearing. <br /> <br />The Chair said at this time the Board will need to discuss the Special Use Permit. Once we have <br />discussed thoroughly and have findings to support or deny, we will vote. <br /> <br />4 <br /> <br /> <br />