Agenda - Planning Commission - 03/11/2004

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Page 2 -- February 10, 2004 116 Conditional Use -- Town bases dec~sion on original application Amended application would comply with zoning code NORTH CAROL/NA (12/16/03) -- The Humane Society of Moore County submitted a conditional use per'mir for a community animal welfare and activ* iry center. The society's property was zoned planned development, and veteri- narians, animal clinics, and outside kennels were permissible uses. Prior to a hearing, the society received the comments and recommenda- tions of the local planning director. Based on these comments, the society amended its application to simply a veterinary clinic. The society made the changes because the town objected to the proposed use and the county would no longer be housing stray animals there. However, because the town felt the public did not have sufficient notice of the new proposal, it based its decision on the society's first proposal and de- nied the permit because it felt the facility would be used primarily as an ani- mal shelter. The socie ,t-y sued, and the court ruled in its favor. The town appealed, arguing there was competent evidence to deny the permit. DECISION: Affirmed. The society was entitled to a permit. Under the amended application, the proposed facility would provide vac- cination of animals, treatment of animal diseases, lab testing and analysis, x- rays, spay and neutering services, euthanasia for animals, adoption and shelter services, and educational services. These uses were common to a veterinarian clinic. Although the society acknowledged it would operate an adoption center at the facility among other functions, there was no evidence in the record such an activity would be the primary use of the facility. Citation: Humane Society of Moore County Inc. v. Town of Southern Pines, Court of Appeals' of North Carolina, No. COA03-77 (2003). see also: Whiteco Ot~rdoor Adverrising v. Johnston County Board of Adjustment, 513 &£.2d 70 (1999). see also: Sun Strifes Holdings LLC v. Board of Aldermen of Town of Garner, 533 S.E. 2d 525 (2000). Conditional Use -- City approves new supportive housing facility Citizen group claims approval unreasonable MINNSESOTA (t2/02/03) --The Plymouth Neighborhood Church Founda- tion, a faith-based nonprofit organization wanted to convert an abandoned nursing home into a supportive housing facility. The facility would contain 40 efficiency apartments designed as per,~nanent homes for adult men and women