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10OctoberBOA C e9 3 ._ air MINUTES 9 RANDOLPH COUNTY BOARD OF ADJUSTMENT October 7, 1987 There was a meeting of the Randolph County Board of Adjustment on Wednesday, October 7, 1987, at 1:30 p.m. , in Courtroom B, Randolph County Courthouse, 145 Worth Street, Asheboro, North Carolina. 1. Don Hancock, Chairman, called the meeting to order at 1:30 pm. 2. Hal Johnson, Planning Director, called the roll of the members: Don Hancock, Chairman, present; Doyle Stout, Vice Chairman, present; Ray Farlow, present; Charles Adams, present; Guy Troy, present; Lynden Craven, present; and Arlie Culp, present. 3. Board member Doyle Stout, made the motion to approve the minutes from the September 16, 1987, Board of Adjustment Hearing. This motion was seconded by Board member Guy Troy and the motion was approved. 4. Chairman Hancock recalled the case for discussion: Charles E. Stanley, Thomasville, North Carolina is requesting a Variance from the Randolph County Zoning Ordinance that would allow the construction and operation of a Mobile Home Park in Tabernacle Township; SR 1404 (Fuller Mill Road) ; 16.936 acres; 50 Lots. Mr. Stanley is asking that the Mobile Home Park be allowed to use 5,000 sq. ft. lots- and be located in a Residential Agricultural Zoning District. Chairman Hancock asked Hal Johnson, Planning Director, to review the requirements the Board must follow in this case. Hal Johnson explained the Board of Adjustment does not have unlimited discretion in deciding �-- whether to grant a Variance. Under the State enabling act the Board is required to reach three conclusions before it may reach a Variance: A: That there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance. 1. If he complies with the provisions of the ordinance, the property owner can secure no reasonable return from, or make no reasonable use of, his property. 2. The hardship of which the applicant complains results from unique circumstances related to the applicant's land. 3. The hardship is not the result of the applicant's own actions. B: That the Variance is in harmony with the general purposes and intent of the ordinance and preserves its spirit. C: That in granting the Variance, the public safety and welfare have been assured and substantial justice has been done. Hal Johnson explained this was the basis criteria the Board must follow. Decisions of the Board of Adjustment must be made based on evidence presented at public hearing and what the Board of Adjustment determines as findings of fact. Guy Troy, Board member, asked if the Planning Department had received a copy of Mr. Stanley's permit to construct. Mr. Johnson said the department had and that Mr. Stanley's permit was dated May 20, 1987. Charles Adams, Board member, expressed his opinion that there had been no evidence presented showing that Mr. Stanley could not receive a reasonable return from his land using other types of low density development. No unique hardship had been shown. Chairman Hancock expressed his opinion to the Board that Mr. Stanley was taking a risk by purchasing the sewage tanks from Archdale—Trinity Middle School because the tanks were purchased prior to the issuance of a permit. Guy Troy, Board member, expressed his thought that land values can increase or decrease for many varied reasons, however the fact that the property may be more valuable used as a high density Mobile Home Park should not be a consideration of the Board of Adjustment. Chairman Hancock advised the Board that they should consider the character `.- of the community as shown on the new County Land Development Plan. Hal Johnson, Planning Director, reviewed with the Board the need to discuss the key issues of Mr. Stanley's claim to a vested right, and the larger issues of public health, safety, and welfare. All decisions of the Board of Adjustment must be based on general Findings of Fact taken from evidence presented at the September 16, 1987, Public Hearing. Each Board of Adjustment member has before them an itemized listing of Findings of Fact to be considered. Guy Troy, Board member, made the motion to deny the request for a Variance based on the following Conclusions from evidence presented at the September 16, 1987, meeting: 1. Mr. Stanley does not have a vested right to develop the property as a Mobile Home Park, because he continued his plans to develop the property without regard to County Mobile Home Park Ordinances and Zoning plans. 2. The request is not in keeping with the spirit of the Randolph County Zoning Ordinance. 3. The public health, safety, and welfare had not been assured. This is because sewage treatment system failure would damage the City of Asheboro's water supply; a one lane bridge would pose safety problems with increased traffic; and the development would not be in harmony with the surrounding community causing a hardship to the residents. Doyle Stout, Board member, seconded the motion. 5. Chairman Hancock asked Hal Johnson, Planning Director, to call roll for each members vote. Hal Johnson called roll of the members: Don Hancock, Chairman, with the motion; Doyle Stout, Vice Chairman, with the motion; Ray Farlow, with the motion; Charles Adams, with the motion; Guy Troy, with the motion; Lynden Craven, with the motion; and Arlie Culp, with the motion. Mr. Johnson told the Chairman the request was unanimously denied. 6. Chairman Hancock adjourned the meeting at 1:44 p.m. RANDOLPH COUNTY NORTH CAROLINA Planning Dire for Date Se etary C+�� . Nab.1r , . - _ 7779 .