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07JulyBOA cJ%M'Y: /4".%, 41111. iti; MINUTES \= x.. 1775 RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT July 9, 1996 There was a meeting held at 6 : 30 p.m, on Tuesday, July 9, 1996, in the Commissioners ' Meeting Room, Randolph County Office Building, 725 McDowell Road, Asheboro, North Carolina. 1 . Vice Chairman Maxton McDowell called to Order the Randolph County Zoning Board of Adjustment. 2 . Hal Johnson, Planning Director, called roll of the members: Aweilda Williams, Chairman, absent; Maxton McDowell, Vice Chairman, present; Charles Adams, present; Bill Dorsett, present; Lynden Craven, present; Jim Routh, present; and Phil Brower, present. 3 . Phil Brower made the motion, seconded by Lynden Craven, to approve the Minutes of the June 4, 1996 Randolph County Zoning Board of Adjustment Meeting. The motion passed. 4 . 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. " 15 people took this Oath. 5 . REQUESTS FOR A VARIANCE: A: LINDA HUNT, Climax, North Carolina, is requesting a variance to allow a 2nd residence on 5 . 30 acres without state road frontage in lieu of the 5 acres minimum lot size requirement for property without state road frontage. Location: 4241 Oak Hill Drive, Timber Trails Subdivision lot #9, 5 . 30 acres, Providence Township, Zoning Map #7796 , Zoning District RA. **Arguments for Granting this Request Hunt said that when she originally filed for this request, her plan was to move her brother to the property. Hunt said this has now changed and she wants to move her daughter and her husband to the property. Hunt said her husband had a heart-attack a few years ago and needs help maintaining the property. Hunt said that she could not drag trees around and her son-in-law could do this work for her and her husband. Hunt said that when they moved here, her husband and promised to help their neighbor (this is why they originally moved here) , Ms. Webster, and that she was not opposed to this request. Hunt provided the Board with a noted from her husband' s doctor. **Arguments Against Granting this Request Diane Hodges, Maplewood Drive , said that the Hunt' s have violated every private deed restriction in this development. Hodges said that they also have a son that is 14 years old (showed the Board a picture of him) . Hodges described the boy as large and very capable of helping Mr. Hunt with lifting and working in the yard. Hodges said that she did not want to see another mobile home pulled in, that the Hunt' s property is already an "eyesore" . Hodges showed the Board pictures of the subdivision and explained that the other residences in the development are well kept. Hodges provided the Board with a copy of their private deed restrictions . Mr. & Mrs. Wade Thomas, Maplewood Drive, said that this development has constant problems with road maintenance and that each tract owner knows that the lots only allow one residence. Thomas said that this development has tracts that should be inspected by the County for zoning violations. Thomas asked the Board to please uphold their private restrictions that only allow 1 residence per tract. Antoinette Manley, 3480 Maplewood Drive, said that when they purchased the property they were deceived by the developer in many ways . Manley said that they are upset about the way this tract is maintained currently. Andy Hill, Maplewood Lane , said that the bottom line is this community is asking for the Board to respect and uphold their deed restrictions . Robert Manley, Maplewood Drive, said that the restrictions allow only 1 dwelling per 5 acres and he would just asked the Board to turn down this request. Terry Garland, Oak Hill Drive, expressed concerns of the road being used as parking area. **Board Discussion: Conclusions Based on Findings of Fact The Board of Adjustment discussed the required "findings" required by North Carolina laws prior to the Board granting a variance: ** that the hardship was not a result of the applicant' s own doing ** that this variance would not violate the intent of the County Ordinance ** that the use would not substantially injure the value of adjoining or abutting property Lynden Craven said that it is always a difficult decision to deny a person' s required for a Variance. Citizens often do not understand the guidelines that should be followed by a Board of Adjustment. Craven stated that the Private Deed restrictions of this subdivision clearly indicate the desire of the developer not to allow multiple residences on one tract of land. In addition, the hardship was not one experienced uniquely to the applicant' s property, but was consistent with all properties in the subdivision. **Order of the Board of Adjustment For these reasons Craven made the motion, seconded by Brower , to deny this request for a Variance. The motion passed unanimously. B: DONNIE & JUDY GAUZE, Sophia, North Carolina, is requesting a lot size variance to allow 2 . 50 acres in lieu of the required 5 acres minimum lot size on a private road. Location: 5314 Farlow Davis Drive, 2 . 50 acres , New Market Township, Zoning Map #7736 , Zoning District RA. **Arguments for Granting this Request Gauze said that in 1982 , when they purchased the property, their attorney did not make them aware of this law. Gauze said that in 1984 they sold half of the property (2 . 5 acres) to Jimmy Horne and he built a home here. Gauze explained that their mobile home is on the other half of this property. Gauze said that their attorney (that deeded the property to Horne) must have made an oversight. Gauze explained that they are now in the middle of building a house (50%-75% complete) in Asheboro and they need to be able to sale their mobile home and 21 acres of land. Gauze said that her husband is disabled, unable to work, and if they cannot sale the property, the property will be worthless. **Arguments Against Granting this Request There was no one present in opposition to this request. **Board Discussion: Conclusions Based on Findings of Fact 1 . The Board found that the hardship was not a result of the applicant' s own doing. 2 . The Board found that this variance would not violate the intent of the County Ordinance. 3 . The Board found that the use would not substantially injure the value of the adjoining or abutting property. Dorsett said that there is a substantially hardship to the property. Planning Director Hal Johnson noted that there has always been a real problem with attorney' s drawing up and recording deeds based on "metes & bounds" and not requiring a survey approved by the County. This problem was extremely bad in the early 1980 ' s prior to zoning. Dorsett noted that if the variance was not granted then she could not use her property. **Order of the Board of Adjustment Dorsett made the motion, seconded by Craven, to approve this request for a Variance. The motion passed unanimously. C: MARTHA SAUNDERS, Asheboro, North Carolina, is requesting a lot size variance to allow the division of 1 acre (out of 3 . 48 acres) in lieu of the required 5 acres minimum lot size on a private road. Location: Monterey Road/Countryside Acres Drive, Countryside Acres Subdivision lot #4 , 3. 48 acres, Cedar Grove Township, Zoning Map #7657 , Zoning District RA. **Arguments for Granting this Request Pam Garner, daughter of the applicant, spoke for her mother. Garner said Saunders has owned the property since 1985 . Garner said she is a single parent with two sons and she would like this opportunity to own her own home. Garner said the property has State Road frontage, but this road cannot be accessed due to the guard rail in place. Garner said that her mother didn't want to deed the entire tract to her, because she wanted to be able to build here in later years. Timothy Skeen, 914 Countryside Acres , said that he would like to see the Board allow her to develop this property. Skeen said that the development of By-Pass 220 caused this old subdivision to be split by service roads and he is the only residence on this particular private road. Skeen said that he has been broken into because there are no other houses here to help watch the place. **Arguments Against Granting this Request There was no opposition present. **Board Discussion: Conclusions Based on Findings of Fact Craven said this property would have had state road frontage (allowing the parcel to be cut into smaller lot sizes) in the beginning and the hardship was created by the 220 By-Pass. **Order of the Board of Adjustment Craven made the motion, seconded by Routh, to approve this Variance. The motion passed unanimously. D: ALLEN BRANSON, Asheboro, North Carolina, is requesting a lot size variance to allow a 3.23 acre lot without State Road Frontage in lieu of the required 5 acre minimum lot size. Location: Walker Country Lane, 3. 23 acres, Cedar Grove Township, Zoning map #7720, Zoning District RA. **Arguments for Granting this Request Branson said that this was a family division of property that took place in June 1995. At this time, the attorney did not advise the family of such a law, and the deed was drawn up. Branson said he has a clear deed on the 3.23 acres but would be unable to use the property if he is not allowed to build. **Arguments Against Granting this Request There was no opposition present. **Board Discussion: Conclusions Based on Findings of Fact Craven said that this would be a hardship to the land if he is unable to use the property. **Order of the Board of Adjustment Craven made the motion, seconded by Routh, to approve this Variance request. The motion passed unanimously. E: FRANKLIN LAMBERT, Randleman, North Carolina, is requesting a Variance to allow a 2nd residence on a flag lot. Location: 2470 Forest Park Drive, 3 . 80 acres, Randleman Township, Zoning Map #7763 , Zoning District RM. The a..licant withdrew this re•uest, due to neighbors being present in opposition. F: TOMMY & VICKY LUCK, Asheboro, North Carolina, is requesting a variance to allow his 2nd son to place a mobile home on his property (for a total of 1 house/2 mobile homes) in lieu of the requirements of 1 principle use structure per tract. Location: Bailey Road, 24 . 61 acres, Cedar Grove Township, Zoning Map #7648 , Zoning District RA. **Arguments for Granting this Request Luck said that his family has owned this property for over 100 years . Luck said that he doesn' t want to split the land up at this time because his children are young. Luck said he has over 3 , 000 feet of state road frontage. **Arguments Against Granting this Request There was no one present in opposition to this request. **Board Discussion: Conclusions Based on Findings of Fact Johnson told the Board that Luck could meet subdivision regulations, he has enough property and road frontage, but his hardship is not wanting to divide this tract that has been one for over 100 years . **Order of the Board of Adjustment Craven made the motion, seconded by Routh, to approve this request for a Variance. The motion passed with a 3 to 1 vote, Dorsett voted against the motion. 6. The meeting adjourned. NORTH CAROLINA / RANDOLPH COUNTY . ;i4/-e-e/i/ 7,,,, , Planning Dire tor r7 - /4 96 _,,,w 612 Date Clr• k/Secretary i oa'Si 41111.14'1. ft �"s \k 177% .