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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
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