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10OctoberBOA Zoning Board of Adjustment October 7, 2025 Page 1 of 1 RANDOLPH COUNTY PLANNING AND ZONING 204 E Academy Street, Asheboro NC 27203 (336) 318-6555 RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT AGENDA OCTOBER 7, 2025 1. Call to Order of the Randolph County Zoning Board of Adjustment. 2. Roll call of the Board members. (Completed by staff.) 3. Consent Agenda: ● Approval of agenda for the October 7, 2025, Zoning Board of Adjustment meeting. 4. Conflict of Interest: ● Are there any Conflicts of Interest or ex parte communication that should be disclosed? (If there is a Conflict of Interest, the Board must vote to allow the member with the Conflict of Interest to not participate in the hearing of the specific case where the Conflict of Interest has been identified.) 5. Old Business. 6. New Business. VARIANCE REQUEST 2025-00022025 The Randolph County Zoning Board of Adjustment will hold a duly published and notified quasi-judicial hearing on the Variance requested by CODY RICHARDSON, Sophia, NC, to use the property located at 2976 Shawnee Trl, Back Creek Township, Tax ID #7734460978, 4.45 acres, RA - Residential Agricultural District in a way not permissible under the literal terms of the Randolph County Unified Ordinance. The applicant desires to obtain a Variance to specifically allow changing the front yard setback to 28 ft. from the right-of-way, in lieu of the 35 ft. setback required by Section 631 of the Randolph County Unified Development Ordinance. 7. Adjournment. Page 1 of 11 CASE SUMMARY FOR VARIANCE REQUEST #2025-00022025 The Randolph County Zoning Board of Adjustment will hold a duly published and notified quasi-judicial hearing on the Variance requested by CODY RICHARDSON, Sophia, NC, to use the property located at 2976 Shawnee Trl, Back Creek Township, Tax ID #7734460978, 4.45 acres, RA - Residential Agricultural District. in a way not permissible under the literal terms of the Randolph County Unified Ordinance. The applicant desires to obtain a Variance to specifically allow changing the front yard setback to 28 ft. from the right-of-way, in lieu of the 35 ft. setback required by Section 631 of the Randolph County Unified Development Ordinance. ALL WITNESSES FOR VARIANCES MUST BE SWORN IN BEFORE GIVING TESTIMONY. Page 2 of 11 OATH FOR QUASI-JUDICIAL HEARINGS (Special Use Permit Request, Variances or Appeals) NORTH CAROLINA RANDOLPH COUNTY Before opening the public hearing on a case, the Chair must administer an oath or affirmation to those wishing to speak on a specific case. (This oath is specified in NCGS 11-11.) The Chair should say, “The Planning Board will now hear testimony for and against this request. Anyone wishing to testify on this request must come forward and take the oath. Only those taking the oath may give testimony for this request. “Do you swear, or affirm, that the evidence you shall give to the Board in this action shall be the truth, the whole truth, and nothing but the truth, so help you, God.” Page 3 of 11 1r ,.-t1.19.\i COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - Asheboro NC 27204 REQUEST FOR VARIANCE Applicant: RICHARDSON, CODY Address: 2976 SHAWNEE TRAIL City, St. Zip: SOPHIA, NC 27350 Owner: RICHARDSON, BRIAN EDWARD Address: 3016 SHAWNEE TRL City, St. Zip: SOPHIA, NC 27350 CONTACT NAME: RICHARDSON, CODY Dalei OglUl2O25 Parcel #: 77U460978 P6rmit #: 2025-00022025 Permit Type Code: PZ 4 Location Address: 2976 SHAWNEE TRL SOPHIA, NC 27350 Contacl Phone: 336 689-1 '171 PARCEL INFORMATION: Lot number: Acreage: 2-5 4.4500 Subdivsion: INDIAN CREEK DEVELOPMENT Township: 02 - BACK CREEK ZONING INFORMATION: Zoning District 1: Zoning District 2: Zoning District 3: Specialty District: Watershed Name: Class A Flood Plain On Prop?: Flood Plane Map #:3710773400J VARIANCE REQUESTED:TO CHANGE THE FRONT YARD SETBACK TO 28 FT FROM THE RIGHT. OF.WAY IN LIEU OF THE 35 FT SETBACK REOUIRED BY SECTION 631 OF THE RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE Total Permit Fee: $200.00 COMMENTS: NOTE: The undersigned owner/applrcants respectfully request pursuanl to the Randolph County Zoning Ordinance, that the property described above be issued a Variance for the purpose described above. Eric Martin RA-RESIDENTIAL AGRICULTURAL DISTRICT N/A NONE NO Authorized Gounty Official Signature of Applicant - LOCAL TELEPHONE NUI\iIBER . Asheboro: (336) 318-6555 - Archdate/Trinity: (336) 819-3565 http://www.randolphcountync.gov REQUEST FOR VARIANCE Page: 1 of I Page 4 of 11 ± The information contained in this map comes from the best available public data sources. Users should consult the primary data source. Application # 2025-00022025 Richardson Variance Request BECKERDITE RD FORESTTRL TURTLEDOV E R D S H A W NEE T R L APACHE TRL Caraw a y C r e e k CarawayCreek RA RLOE-CD RM 1 inch equals 333 feetThis property is located in a Secondary Growth Area. Page 5 of 11 ± The information contained in this map comes from the best available public data sources. Users should consult the primary data source. Application # 2025-00022025 Richardson Variance Request APACHE TRL SHA W NEE T R L 1 inch equals 200 feetThis property is located in a Secondary Growth Area. Page 6 of 11 COUNTY OF RANDOLPH VARIANCE REMINDERS When unnecessary hardships would result from carrying out the strict letter of zoning regulations, the Randolph County Zoning Board of Adjustment shall vary any of the provisions of the Randolph County Unified Development Ordinance upon a showing of evidence by the application of all the following requirements. 1. Unnecessary hardship would result from the strict application of the regulation. It is not necessary to demonstrate that, in the absence of a Variance, no reasonable use can be made of the property. 2. The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or public, may not be a basis for granting a Variance. A Variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability. 3. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing the property with knowledge that circumstances existing that may justify the granting of a Variance is not a self-created hardship. 4. The requested Variance is consistent with the spirit, purpose, and intent of the regulation such that public safety is secured and substantial justice is achieved. The Zoning Board of Adjustment cannot change the permitted use of the property by authorizing a Variance. Appropriate conditions may be imposed on any Variance if the conditions are reasonable related to Variance. Any other development regulation that regulated land use or development may provide for a Variance from the provision of those ordinances consistent with the provision outlined above. When approving or denying a Variance, the Board Member making the motion should cite how the above findings of facts were or were not met. Page 7 of 11 COUNTY OF RANDOLPH ORDER GRANTING A VARIANCE IN THE MATTER OF THE APPLICATION FOR A VARIANCE BY CODY RICHARDSON VARIANCE REQUEST #2025-00022025 NORTH CAROLINA RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT The Randolph County Board of Adjustment, having held a public hearing on October 7, 2025, to consider application number 2025-00022025, submitted by Cody Richardson, a request for a Variance to use the property located at 2976 Shawnee Trl in a manner not permitted under the literal terms of the Randolph County Unified Development Ordinance, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The Board concludes that, if the applicant complies with the literal terms of the Randolph County Unified Development Ordinance, specifically section(s) 631: Dimensional Requirements and Table of Area and Yard Requirements, he cannot secure a reasonable return from, or make reasonable use of, his property. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 2. The Board concludes that the hardship of which the applicant complains results from unique circumstances related to the applicant’s land. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 3. The Board concludes that the hardship is not the result of the applicant’s own actions. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 4. The Board concludes that, if granted, the Variance will be in harmony with the general purpose and intent of the Randolph County Unified Development Ordinance and will preserve its spirit. This conclusion is based on all of the FINDINGS OF FACT listed above, as well as the following: Click here to enter findings of fact. Page 8 of 11 5. The Board concludes that, if granted, the Variance will secure the public safety and welfare and will do substantial justice. This conclusion is based on all of the FINDINGS OF FACT listed above, as well as the following: Click here to enter findings of fact. THEREFORE, based on the foregoing, IT IS ORDERED that the application for a VARIANCE be Choose the decision., subject to the following conditions: Click here to enter conditions. Adopted on October 7, 2025. _____________________________________ Chair, Randolph County Board of Adjustment ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Board of Adjustment Page 9 of 11 MOTION TO APPROVE A VARIANCE NORTH CAROLINA RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT “I make 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 any and 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.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 10 of 11 MOTION TO DENY A VARIANCE NORTH CAROLINA RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT “I make 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, or 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.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 11 of 11