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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
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