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05MayBOA Cs �_ P , is i '•1„:.,. . MINUTES c • ,v . s„,....0.4 - 4 RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT 1779 May 2, 1995 1 . Vice Chairman Aweilda Williams called to Order the Randolph County Zoning Board of Adjustment meeting. 2 . Hal Johnson, Planning Director, called roll of the Members: Charles Adams, Chairman,absent; Aweilda Williams , Vice Chairman, present; Tim Poole, present; Lynden Craven, present; Jim Routh, present; Bill Dorsett, present; Phil Brower, present; and Maxton McDowell, Alternate, absent. 3 . Lynden Craven made the motion, seconded by Jim Routh, to approve the Minutes of the April 4, 1995 Randolph County Zoning Board of Adjustment meeting. The motion passed unanimously. 4 . Swearing in of the Witnesses: "Do you swear or affirm the information you are about to give is the truth, the whole truth, and nothing but the truth, so help you God. " 9 citizens took this Oath. 5 . VARIANCE REQUESTS: A: DONALD SMALL, Trinity, North Carolina, is requesting a setback Variance to allow a 10 ft. rear property line setback in lieu of the required 30 ft. Location: 5715 Gallimore Town Road (approximately 1 mile north of Hwy 64) , Tabernacle Township, Zoning Map #7702 , Zoning District RA. **Arguments for Granting the Request Small was present and explained that he currently has one mobile home on the property (at the rear of the tract) . Due to the odd shape of the property, the only place he can locate an additional mobile home would be with a variance of a 10 ft. rear setback in lieu of the required 35 ft. Small said that the mobile homes are for rental purposes . **Arguments Against Granting the Request There was no one present in opposition. Johnson explained that he had received calls from the community that were concerned about two mobile homes being located on one tract of land. Johnson said the Board needs to consider two issues: **the rear setback requirement, and **if a second residence should be allowed on the lot. **Board Discussion: Conclusions Based on Findings of Fact Johnson said that normally we only allow two mobile homes on one tract for family use . Craven said he felt that this was a problem (allowing multiple residences on one tract of land) that was corrected back in 1986 . Dorsett said that he felt this would be against the intent of the Ordinance. **Order of the Board of Adjustment Dorsett made the motion, seconded by Craven, to deny this request for a Variance. The motion passed unanimously. B: JEAN EVERHART, Burlington, North Carolina, is requesting a Variance to allow a modular home & a mobile home on a 6 acre lot without State Road Frontage in lieu of the requirement of 5 acres per residence without State Road Frontage. Location: at end of Rob Cruthis Road (on left) , New Market Township, Zoning Map #7738 , Zoning District RA. **Arguments for Granting this Request Everhart said that this would be for a modular home and a mobile home and both would be on brick foundation on approximately 3 acres each. Everhart present map of property to show access and the intent to building a long driveway. Everhart said this would be for family use only (mother in one residence and the daughter & son-in-law in the other) . The Board asked Everhart if he owned the property. Everhart said that he has placed a down payment on the land (not the current property owner) . Everhart said that this is the only tract of this size he could find to purchase in his budget. Everhart said the property is completely surrounded by fields and currently has one septic tank. Johnson explained to Everhart that the Board is sympathetic to finances but the law is very specific and does not allow the Board to consider finances a hardship. **Arguments Against Granting the Request There was no one present in opposition. **Board Discussion: Conclusions Based on Findings of Fact Dorsett said that he felt another factor in this request was density due to the number of lots on this private road that seem to be less than 5 acres in size. The Board noted that Everhart is not the property owner. It was a consensus of the Board that there was no hardship expressed in this case. **Order of the Board of Adjustment Tim Poole made the motion, seconded by Jim Routh, to deny this request for a Variance. The motion passed unanimously. C: JAMES KINLEY, Denton, North Carolina, is requesting a lot size Variance to allow an additional accessory family use home on this 7 . 6 without State Road Frontage in lieu of the requirement of 5 acres per residence without State Road Frontage. Location: 1555 Chapelwood Road Extension, Tabernacle Township, Zoning Map #6781 , Zoning District RA. Johnson explained to the Board that this request came before the Board a few months ago (under the name Michael Royal - Kinley' s son-in-law) and due to back problems (health problems) Kinley could not attend the meeting. When the Board denied this request Kinley came to the Planning Office and request the opportunity to address the Board and Johnson granted this request. Kinley said that he has owned the property for 19 years and this proposed residence would be located between the Kinley residence and the church. Kinley said that this new residence would be approximately 200 ft. or so from the State Road. Kinley said that if he needed to he could build a new road on the church property to access his property. **Arguments Against Granting this Request Brenda Crawford, Lazy Lane, said that when she purchased the property Kinley had placed the restriction of 1 residence per 5 acres on each deed. Crawford said that she has two children but did not give her children any of her property because she had the contract on the land that only allowed 1 residence. Greg Till, adjoining property owner, said that the Kindleys are good people and he has no problems with them but this request goes against the restrictions. Till added that if Kinley is allowed to do this for his children, then he would also like to give his children some land in the future. Jerry Hartman, neighbor or Kinley, said that there was not a sign posted on the property advertising the meeting. Kinley said there was a sign but it was covered up by leaves and could not be seen at the road. Hartman said that he had been to all the previous meetings and spoke his mind on this matter. Johnson asked Kinley if his property had the same restrictions as the rest of the subdivision. Kinley said no. Kinley said that if these neighbors want there land zoned they should put in for there own request instead of speaking out at this request like this . Johnson informed Kinley that the neighbors had valid concerns. Aweilda Williams said the neighbors have a right to be here for this public meeting. Johnson asked Kinley if he had done anything to the road (like he had said at the previous meetings) . Kinley said that he had not because he would need to run a water line for his daughters homes and he didn't want to fix the road until this was done. Lynden Craven said that he felt this was a unique situation. Craven said that Kinley is showing a hardship and the neighbors live behind the Kinley' s and have to cross the Kinley' s property to reach their own property. Craven made the motion to approve this request. Jim Routh asked the neighbors who placed the restrictions on their land and was told that Kinley did. Williams asked Kinley if the restrictions were placed on his 7 . 6 acre tract and was told no. Jim Routh said he felt the Board needs to consider the rights of the property owner but also the rights of other people (that own property in the community) . Routh said the Board owes them the right to consider what is placed on property when they purchased the land with those restrictions (1 residence per 5 acres) . Routh said he felt the decision the Planning Board was correct (when this request was heard last) and for this reason he made the motion to deny this request based on the fact that there are already 3 houses on the 7 . 6 acres. Tim Poole seconded this motion and the motion passed with a 6 to 1 vote. Craven voted against the motion. D: ROBERT MARTIN, Kings Mountain, North Carolina, is requesting a Variance to allow 2 mobile homes on 5 . 30 acres (without State Road Frontage) in lieu of the requirement of 1 residence per 5 acre tract on a private road. Location: Old Tree Road (property 3/10 mile off SR 1307) , Concord Township, Zoning Map #6689, Zoning District RA. Martin said he wanted to purchase the property and have his home on the property along with his parents home. Martin said his parts would be retiring and moving from Maryland to this area. Bill Dorsett said that Martin doesn' t legally own the property and therefore there would be no hardship in denying this request. Lynden Craven said if the Board keeps approving these types of Variances they will be creating several mini mobile home parks in Randolph County. There was no one present in opposition. Bill Dorsett made the motion, seconded by Lynden Craven, to deny this request for a Variance. The motion passed unanimously. 6 . The meeting adjourned at 7 : 50 p.m. 19 citizens were present for the hearing. NORTH CAROLINA RANDOLPH COUNTY ;;4VeJE7-1Aar,- Planning Director 6- 1, " ',5J 411.-. 6--)671LDate Secretary Ng t#__ R - 1_r= ��, 'S _ 7779