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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
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