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05MayBOA Zoning Board of Adjustment Minutes May 3, 2022 Page 1 of 8 RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT MINUTES May 3, 2022 There was a meeting of the Randolph County Zoning Board of Adjustment on Tuesday, May 3, 2022, at 6:30 p.m. in the 1909 Historic Courthouse Meeting Room, 145-C Worth St, Asheboro, NC. Chairman Joyce called the meeting to order at 6:30 p.m. and welcomed those in attendance. Joyce called for a roll call of the members. Jay Dale, Randolph County Planning and Zoning Director, called the roll of the members.  Reid Pell, Chairman, present;  Wayne Joyce, Vice Chairman, present;  John Cable, present;  Keith Slusher, present;  Kemp Davis, present;  Melinda Vaughan, present;  Reggie Beeson, present;  Barry Bunting, Alternate, present; and  Brandon Hedrick, Alternate, present. County Attorney, Ben Morgan, was also present. Dale informed the Chairman there was a quorum of the members present for the meeting. Joyce called for a motion to approve the consent agenda as presented. Consent Agenda:  Approval of agenda for May 3, 2022, Zoning Board of Adjustment meeting.  Approval of the minutes from April 5, 2022, Zoning Board of Adjustment meeting. Davis made the motion to approve the consent agenda as presented with Pell making the second to the motion. The motion was adopted unanimously. Joyce asks the Board members if there are any conflicts in the following cases. Hearing none, Dale presented the first case along with site plans and pictures of the site and surrounding properties. Zoning Board of Adjustment Minutes May 3, 2022 Page 2 of 8 VARIANCE REQUEST #2022-00001015 BARBARA FUNKEY, Asheboro, NC, is requesting a Variance to use the property located at 250 Elwood Stout St., Asheboro Township, Tax ID #7750262292, 0.51 acres, RR – Residential Restricted, Municipal Airport Overlay District, Elwood Stout Subdivision, part lot 8, in a way not permissible under the literal terms of the Randolph County Unified Ordinance. It is the desire of the applicant to obtain a Variance to specifically allow a residence on 0.51 acres in lieu of the required 5-acre lot size for a property without 100-foot of State road frontage due to part of the property being acquired by the North Carolina Department of Transportation. Dale explained to the board that Ms. Funkey was approached by North Carolina Department of Transportation (NCDOT) about purchasing her home and property to enable new road construction and she negotiated to keep approximately one-half of an acre to build a new home rather than selling the entire property, creating a non-conforming lot. The Chair administered an oath to witnesses planning to speak for or against this Variance Request. Barbara Funkey, Asheboro, NC, having previously taken the oath, told the Board that she had three choices from NCDOT when negotiating her property and she chose to keep a portion of her property because she is being displaced from her home. Funky explained that she likes where she currently lives and would like to build another home there. Slusher asked what type of home she was planning to place on the property. Funkey said she would like to build a Quonset hut home. Pell asked if the property had public sewer and water on the property. Funkey said the current septic system will be taken by NCDOT but she does have public water. Pell asked if she has obtained approval for a new septic system on the property. Funkey answered no. Dale asked Funkey to explain the three choices she was given by NCDOT when negotiating her property. Funkey said they offered to purchase her entire property, keep a portion of the property or do nothing and she would be evicted. Dale explained that by choosing to keep a portion of the property, she did not realize she would be creating a non-conforming lot for herself. Morgan asked Funkey if she had an attorney representing her through the negotiations with NCDOT. Funkey answered no. Morgan asked her if she was planning to tear down her existing home. Funkey said NCDOT is planning to tear her home down. There was additional discussion about the location of the easement(s) on the property and the proposed location of a new home, and based on the site-plan submitted, it was determined that her new home would access Elwood Stout St. Zoning Board of Adjustment Minutes May 3, 2022 Page 3 of 8 Morgan asked Funkey if other homes access Elwood Stout St. Cable asked her if she owns Elwood Stout St., and Slusher asked if Elwood Stout St. is a state-maintained road. Funkey answered no to all of those questions. She said Elwood Stout St is an easement and is basically her driveway. Beeson said it seems odd that the NCDOT would tear down a home for equipment storage while building a road. Morgan said it is more common than one would think in a condemnation case. Cable asked Funkey if she has been unable to find a home in another location. Funkey said she has been unable to find a smaller home in a satisfactory location and she really likes the location where she currently lives. Davis said he has concerns that she may not have suitable soil on one-half of an acre. Cable asked Funkey if she has a back-up plan if her request is not approved and if NCDOT would be open to obtaining the remainder of her property. Funkey answered no. The Chair asked if anyone else wanted to speak in favor of the request. Hearing none, the Chair asked if anyone would like to speak in opposition to the request. Jerry Ray Paul, Greensboro, NC, having previously taken the oath, said that he and his family members own the properties surrounding Ms. Funkey’s property and he is not against her placing a new home on the property, he just wants to make sure she does not cut-off the Elwood Stout St. access to the other adjoining properties. Morgan asked how long the Elwood Stout St. has been in existence. Paul said maybe 175 years. Slusher asked Paul if anyone maintains the Elwood Stout St. access. Paul said it has been scrapped and gravel added a couple of times. Slusher asked if his only opposition to the request would be the access. Paul answered yes. Davis asked if there is a deeded easement to the adjoining properties. Morgan said it appears there is an easement recognized by the Tax Department but it is important for the Board to remember that the variance request is to allow a smaller lot size without the appropriate road frontage, not allowed by the Ordinance. He also said that if a variance is granted, it does not mean that the property would allow an approved septic area or that the home would meet the required setbacks, based on its location. Cable asked Paul if he knew the location of the signed easement. Paul said he thought it had been recorded by his uncle years ago. Having no additional opposition, Joyce closed the public hearing for discussion among the Board members and a motion. There was additional discussion among the Board regarding the permitting process, septic, and set-back requirements that would be involved. Zoning Board of Adjustment Minutes May 3, 2022 Page 4 of 8 Cable said his problem with the request would be the “lack of information”. He said the Board tries to accommodate the public in the best way possible and for this case, there is not enough information on the easement, septic approval, or requirements for the placement of the home. Slusher discussed the four-part test for approving a Variance and said the request did not meet the criteria for the approval. He said the hardship was created by actions taken by the property owner, and in his opinion, the Board would be in direct conflict if the request is approved. Joyce agreed with Slusher. Cable made the motion to deny the variance from the Randolph County Unified Development Ordinance on the specified parcel(s) on the Variance application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, or that unnecessary hardship would not result from the strict application of the Ordinance, that the hardship does not result from conditions that are peculiar to the property, or that the hardship was a result from actions taken by the applicant or the requested variance is not consistent with the spirit, purpose, and intent of the Ordinance such that public safety will not be secured and substantial justice is achieved. Slusher made a second to the motion to deny the Variance. Pell called the question on the motion to deny the Variance request and the motion was adopted unanimously. Dale presented the second case along with site plans and pictures of the site and surrounding properties. VARIANCE REQUEST #2022-00001029 ROY AND MARSHIA N NEALY, Trinity, NC is requesting a Variance to use the property located at 1785 Summey Town Rd., Concord Township, Tax ID #6791432436, 5.10 acres, RA – Residential Agricultural District, in a way not permissible under the literal terms of the Randolph County Unified Development Ordinance. It is the desire of the applicant to obtain a variance to specifically allow a second residence on a 5.10 acres lot in lieu of the required lot size of 5 acres per residence without 100 ft. of State road frontage. Dale said there was a second home on the property which had been removed approximately six years ago, unfortunately exceeding the time allowed to replace the home, and is now considered a non-conforming use to have a second residence on the property. The Chair administered an oath to witnesses planning to speak for or against this Variance Request. Zoning Board of Adjustment Minutes May 3, 2022 Page 5 of 8 Roy Lee Nealy, Jr., 1066 Worthville Rd., Randleman, having previously taken the oath, said he obtained all of the proper permitting for a second home in 1992 and removed the home approximately six years ago with the intentions of moving back to the property in the future. He said he recently made attempts to obtain permits again for a replacement home and was denied. Nealy said he would like to move back to the property to help take care of his aging parents who currently reside on the property as well. Slusher asked if he used to live on the property in a mobile home that is no longer on the property. Nealy answered yes. Slusher asked if the mobile home had been located on the back side of the property. Nealy answered yes. Davis asked if he had installed a septic system on the property. Nealy answered yes. He said it is shown on the site plan as 1787 Summey Town Rd and his parents live on the front of the property located at 1785 Summey Town Rd. He said he also has Davidson County water run to the back of the property where the mobile home used to be located. He said the electrical panel for the mobile home is also on the property and was updated just before moving the home off the property, approximately seven years ago. He also said he still maintains the property, keeping up the driveway, mowing the lawn, and trimming the fence lines. Additional discussion took place with Nealy and Cable regarding the timeline of living on the property and returning. Cable asked Nealy if he would be placing a mobile home on the property and setting it up just as it was prior to moving the previous mobile home off the property. Nealy answered yes. Toni Schooley, 2280 N. Fayetteville St., Asheboro, having previously taken the oath, said she is Nealy’s sister and she and her brother have always planned on living on the property. She said circumstances caused her brother to move from the property several years ago and at the time, her father was in good health. She also said her father has major health issues now and living thirty minutes away, they have concerns that no one lives close enough to help look after him and their mother in an emergency. Joyce asked if anyone else wanted to speak in favor of the request. Hearing none, he asked if anyone would like to speak in opposition to the request. Rodney C. Nooe, 1781 Summey Town Rd., Trinity, took the oath administered by Joyce. Nooe stated that he does not want the Nealy’s to use his property for access because he has given up enough of his property for easement and power line access to accommodate the adjoining property south of his. There was discussion between Nooe and the Board, explaining where the existing easement and driveway are located in relation to Roy Nealy’s access. Morgan asked Nooe if he understood correctly, in order to physically move a mobile home onto the property, it will have to cross Nooe’s property. Nooe answered yes. Beeson asked if Mr. Nealy if he would have any issue with Nealy moving his access to make sure he stayed on his own property. Nealy said he would not have an issue. Zoning Board of Adjustment Minutes May 3, 2022 Page 6 of 8 Cable asked Nooe if he has an issue with Mr. Nealy crossing the property at Summey Town Rd. Nooe said he did not own that property but the owner was present to speak to them if needed. Joshua Roberts, 1923 Summey Town Rd., Trinity, took the oath administered by Joyce, and said he and his mother own the property that would provide access to the Nealy’s property and they would like to deny them access to use that property. Joyce asked Roberts if the Nealy’s are currently using access for their property. Roberts said they were using the access before he bought the property. Cable said they Nealy’s have lived on the property for forty plus years and asked if they had always used that access for their property and if they had ever given up that access to their property. Roberts said that was correct and they have not given up their access. There was additional discussion regarding the access, existing driveway(s), and ownership of the properties. Roy Nealy, 1785 Summey Town Rd., Trinity, having previously taken the oath, said Josh Roberts does own the small piece of property at the beginning of their driveway. He also said if the request is approved, the mobile home would not have to cross Mr. Nooe’s property, it would be delivered across the pasture behind his home like it was delivered the first time. Cable asked Nealy if he was testifying that he has 200 ft. of frontage on Summey Town Rd. Nealy said he has about 200 ft. along the front of his property, with only about 100 ft. of frontage on Summey Town Rd. Cable also asked if he is testifying that he will not cross adjacent parcels. Nealy said he would not have to cross the property line. Davis asked if the driveway is completely on his own property. Nealy answered yes. He said he gave access to the other properties years ago and they are not using the access, they have used his driveway for years. Morgan said it appears the driveway crosses the property line once you pass his residence going south. Nealy said he had the property surveyed and none of the markers indicate the drive over his property line. Schooley addressed the Board again to tell them that one portion of the driveway turns to Nooe’s property and another portion continues down her dad’s property line which is the driveway previously used by her brother and it does not cross the property line. Sherry Moffitt, 1783 Summey Town Rd, Trinity, took the oath administered by Joyce, and said a portion of the old road bed is on her property, she submitted a plat to show the property lines, (Exhibit 1). She said the Nealy’s would have to move part of their fencing over in order to use the existing roadbed and not cross property lines. Dale explained to the Board that the concerns that the Planning Department had with this request were the fact that there was a discontinuation of a non-conforming situation six years ago and they only have approximately 100 ft. of road frontage which is needed for each residence or a minimum of five acres for each residence. He said in this case, they Zoning Board of Adjustment Minutes May 3, 2022 Page 7 of 8 would need a minimum of six acres to allow a second residence and they have a total of 5.1 acres. Morgan said the driveway location seems to be an important issue for some of those who have spoken to the Board even though it is not the central issue for the Board. Slusher asked Moffitt if her only opposition was for the Nealy’s crossing her property line. Moffitt said she does not want anyone living on the back side of the property because of the potential noise and traffic near their home. Joyce asked Moffitt the location of her access. Moffitt said they had to cut in a new driveway down Nooe’s property along the property line to their own. Slusher asked if she crosses two properties to get to her own. Moffitt said she crosses the Nealy property and then Nooe’s to get to hers. Having no additional testimony, Joyce closed the public hearing for discussion and a decision by the Planning Board members. Davis said there is a history of the property having two homes with an existing septic tank, power, and public water already on the property for the second residence and thinks that should be considered in their determination. Cable agreed with Davis. With no additional discussion, Davis said he would like to make a motion. Davis made the motion to approve the variance from the Randolph County Unified Development Ordinance on the specified parcel(s) on the Variance application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with all agreed-upon revisions, that unnecessary hardship would result from the strict application of the Ordinance, that the hardship results from conditions that are peculiar to the property, or that the hardship did not result from actions taken by the applicant or the requested variance is consistent with the spirit, purpose, and intent of the Ordinance such that public safety will be secured and substantial justice is achieved. Vaughan made a second to the motion to approve the Variance. The Zoning Board of Adjustment voted unanimously to approve the Variance. Having no further business, Joyce called for a motion to adjourn the meeting. Slusher made the motion to adjourn with Beeson making the second to the motion, the motion was adopted unanimously. The meeting adjourned at 7:54 p.m. with 33 citizens present. RANDOLPH COUNTY NORTH CAROLINA Zoning Board of Adjustment Minutes May 3, 2022 Page 8 of 8 ________________________ Planning Director _________________________ _______________________________ Clerk to the Board Date Approved by the Randolph County Planning Board June 14, 2022