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04AprilBOA • 4,42, Li 2k"42,dr `""� , f w v 6, -e'i.,1 - r MINUTES �'i l/ iri Yy.rA }' � �YeCst. MfX.st fi P�.la.! r. 2i ,i';'. :!12-;10 ;(,0y l RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT i April 2, 1996 There was a meeting held on Tuesday, April 2, 1996, of the Randolph County Zoning Board of Adjustment in the Commissioners' Meeting Room, Randolph County Office Building, 725 McDowell Road, Asheboro, North Carolina. 1. Chairman Charles Adams called the County Zoning Board of Adjustment meeting to Order. 2 . Hal Johnson, Planning Director, called roll of the Board members: Charles Adams , Chairman, present; Aweilda Williams, Vice Chairman, present; Bill Dorsett, present; Jim Routh, present; Phil Brower, present; Lynden Craven, present; and Maxton McDowell, present. 3. Swearing in of the Witnesses: "Do you swear or affirm that the information you are about to give is the truth, the whole truth, and nothing but the truth, so help you God. " 7 citizens took this Oath. 4 . REQUESTS FOR A VARIANCE: A: PAUL & THELMA SIMMONS, Archdale, North Carolina, is requesting a variance to allow an additional mobile home site for a family member (total of 1 house & 3 mobile homes) on 7 . 44 acres, located at 6145 Mendenhall Place, Back Creek Township, Zoning Map #7725, Zoning District RA. **Arguments for Granting this Request Simmons was present and explained his intentions to locate a mobile home to allow his daughter to live in. Simmons said that his step-son lives in one of the mobile homes , the house and the other mobile home are rental units . **Arguments Against Granting this Request James Harris, 5690 Roby Drive, Archdale, said that he would be opposed to another mobile home be put out on this property. **Board Discussion: Conclusions Based on Findings u of Fact Dorsett questioned if there was a hardship. Dorsett said that the law is clear on requiring a hardship to be prove. **Order of the Board of Adjustment Williams said that the Board is bound on what they can do and no hardship has been shown, for this reason Williams made the motion, seconded by Brower, to deny this request for a Variance. The motion passed unanimously. B: BEVERLY SILER, Ramseur, North Carolina, is requesting a variance to allow a lot less than 5 acres ( . 753 acre) on a private drive to be developed (in lieu of the required minimum lot size of 5 acres per residence on a private road) . Location: Private road C.C. Square Road, Columbia Township, Zoning Map #8712 , Zoning District RR. **Arguments for Granting this Request Siler explained that she had purchased the property from her brother. Siler explained that she had to move and this was the only alternative she had. Her brother was willing to sell her the property, and she was unable to afford any other property. Siler said that the property had all ready been deeded to her and her attorney did not advise her of the requirement of 5 acres to develop on a private road. Siler said once the Planning Office advised her of this, she went back to her attorney and he told her that these laws changed so often that he couldn' t keep up with them and this was the responsibility of the surveyor to advise her of this . The lawyer told her he thought this would be enough land to place her home. Siler ' s brother was present and he said that he owned the property the private road is on and it is an access to 4 homes located on 1 . 5 acres in behind his property. **Arguments Against Granting this Request There was no one present in opposition to this request. **Board Discussion: Conclusions Based on Findings of Fact `-' Dorsett said that the private road needs to be up graded for emergency vehicles to be able to service the residences on this road. Dorsett said that he felt a hardship truly existed because Siler might not have somewhere to live if she was not allowed to develop her property. **Order of the Board of Adjustment Dorsett made the motion, seconded by Williams , to approve this request for a lot size variance. The motion passed unanimously. C: ALFRED & RUBY MCMAHAN, High Point, North Carolina, is requesting a variance to allow a second residence on 3. 05 acres (132 , 858 sq. ft. ) in WQCA area on a private road in lieu of the following requirements: 1 . 1 residence per 5 acre tract fronting on private road 2 . minimum lot size within WQCA area 1 . 84 acres (80 , 000 sq. ft. ) Location of the property: At end of Rob Cruthis Road, New Market Township, Zoning Map #7738, Zoning District RA. **Arguments for Granting this Request McMahan said that there is 1 rental house here and he wants to put seconded residence on property for rental purposes also. McMahan said this would be to assist his income during retirement. McMahan said that he has all ready purchased the double-wide mobile home and it is sitting on the property. McMahan said that he has owned the property for 8 or 9 years and the house on the property has been there for 5 years. **Arguments Against Granting this Request Shirley Shyly, adjoining property owner, said that she was here with her husband and her father and they have lived on this property for 12 years . Shyly said that she owns two lots on this road and wants to eventually build a house and move her parents here. Shyly said that feels adding a rental mobile home here would effect her property values and she would be opposed to it. There were 3 people present in opposition to this request. **Board Discussion: Conclusions Based on Findings of Fact Craven said that he felt granting a variance as this would set a precedence in the WQCA area. Williams said that she felt the WQCA was a concern but the major problem is that no hardship has been proven. Williams said that the law is clear and the Board' s hands are tied. **Order of the Board of Adjustment Williams made the motion, seconded by Craven, to deny this request for a variance. The motion passed unanimously. D: ARTHUR LEE HUNT, JR. , Lexington, North Carolina, is requesting a variance to allow a second mobile home on property for a family member on a flag lot with road frontage in Davidson County. Location: 1 . 96 acres, 270 Halton Road, Tabernacle Township, Zoning Map #6782, Zoning District RA. **Arguments for Granting this Request Hunt said that he has owned the property for 2 years and he wants to put a mobile home on the property for his son. Hunt said that he lives on the property in an 80 ft. single wide mobile home . Dorsett asked Hunt why he wants to move his son to the property. Hunt said that his son lives in a house that he owns in High Point but his son wants to move out into the country. Hunt said that he would not be deeding his son any land the property would stay as one tract. **Arguments Against Granting this Request There was no one present in opposition to this request. **Board Discussion: Conclusions Based on Findings of Fact Dorsett said that only a desire has been shown, no hardship has been proven. **Order of the Board of Adjustment Dorsett made the motion, seconded by Phil Brower, to deny this request for a variance. The motion passed with 5 to 1 vote, Craven voted against the motion. 5. The meeting adjourned at 8: 56 p.m. There were 12 citizens present for this meeting. NORTH CAROLINA RANDOLPH COUNTY Planning Dire or • 174- 16 - 9% /I 11-lk Date Cler /Secretary , 7},y * x 3+q n aT ., ry, ,.Aa " cv6. rz' 2 4,w 4.sjV*,,,'' w` r,i; ;r