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NORTH CAROLINA


EXECUTIVE SUMMARY

Meeting Date: 10/19/2009
AGENDA #1a


Title of Agenda Item: Public Hearing: Land Use Management Ordinance Text Amendment - Resource Conservation District findings for a variance.

a. General introduction
b. Comments by citizens
c. Comments and questions from the Mayor and Town Council
d. Motion to adjourn Public Hearing to November 23, 2009.

Background: On December 12, 2008, the Supreme Court of North Carolina determined that the Town's Board of Adjustment is required by the current ordinance to consider the legal restrictions on the property established by private covenants or other similar legal limitations on a property. We think that the Land Use Management Ordinance should be amended to clarify when and if private covenants, or other similar legal or physical limitations, should be considered by the Board of Adjustment when determining if application of the Resource Conservation District regulations leave no legally responsible use of a property.

Fiscal Note: Fiscal impact not determined.

Recommendations: That the Council open the public hearing and receive comment regarding the proposed Land Use Management Ordinance text amendment.


ATTACHMENTS:
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Memorandum
Draft Ordinance
Summary of Planning Board Action
October 6, 2009 Planning Board Staff Memorandum
September 15, 2009 Planning Board Staff Memorandum