APPLICATION #: 01-A-012
STAFF CONTACT: Water Harris
SUBJECT PROPERTY: 6817 Indian Wells Road, Morrisville, NC 27560
APPLICANT: Paul V. Phillips
OWNER(S): Paul and Wilma Phillips
REQUEST: The applicant is appealing a determination made by an
administrative officer in case number 01-ZV-256 that operations on the
site at 6817 Indian Wells Road constitutes an illegal use. Staff’s
decision is based on a complaint and several inspections of 6817 Indian
Wells Road whereby a "logging" operation of Triangle Forest
Products, Inc. was noted. This use is not a permitted use on property
zoned Residential-30 (R30) and appears to exceed the Special Use Permit
granted by the Wake County Board of Adjustment on December 8, 1981, and
therefore to be an expansion or enlargement of a nonconforming use. The
applicant contends that the operation of the "wood yard" at
the site is a legal nonconforming use of the property. The applicant
says that there has been no expansion or enlargement of the use since
1981 when the special use permit was granted, except for "overflow
storage" on an adjacent lot, which applicant says has been
terminated.
ACTION: Ms. Jordan made a motion to continue this
case until the October 8th Board meeting, placing it at the
top of the agenda on that date. Mr. Werner made a motion to amend Ms.
Jordan’s motion to include the issuance of a subpoena for the
production of documents that might support applicant’s contention that
there has been no expansion or enlargement of the nonconforming use. The
documentation to include tax returns, receipts for purchases
and sales, and other documents that might indicate the level of
operation of the business from 1988 in comparison to the present time.
Mr. Werner asked staff to provide a suggested subpoena to Board Members
for review within one week, and that the documents be produced prior to
October 1, 2001 so that the Board would have time to review them before
the meeting on the 8th. Mr. Werner suggested that the
subpoena be drafted to best obtain information and documentation that
would inform the board of the proportion, volume and type of wood
operation at the site in 1988 and at the present. He stated that because
a large part of the alleged violation has to do with expansion of the
nonconforming business since 1988 and in a direction not permitted by
the Wake County Special Use Permit, i.e. other than firewood, and
allegations of the applicant that the type of business has remained the
same since 1988, the board needed more information. He also stated that
there was testimony that there was no firewood at the site for a year or
so. Mr. Cantrell seconded the motion(s), and the Board voted (9-1) to
approve the amendment to issue subpoenas. Mr. Werner then seconded Ms.
Jordan’s motion to continue the case to October 8, 2001, as amended.
The Board voted unanimously to approve.
