06JuneBOA fi
MINUTES
RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT
June 6, 1995
1 . Chairman Charles Adams called to Order the Randolph
County Zoning Board of Adjustment Meeting.
2 . Hal Johnson, Planning Director, called roll of the
members : Charles Adams, Chairman, present; Aweilda
Williams, Vice Chairman, absent; Tim Poole, present;
Jim Routh, present; Lynden Craven, present; Bill
Dorsett, present; Phil Brower, absent; and Maxton
McDowell, Alternate, present (substituting for regular
member Aweilda Williams) .
3. Lynden Craven made the motion, seconded by Bill
Dorsett, to approve the Minutes of the May 2 , 1995
Randolph County Zoning Board of Adjustment meeting.
The motion passed.
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. "
6 citizens took this Oath.
5 . VARIANCES:
A: PAUL STEVENS, Asheboro, North Carolina, is
requesting a lot size Variance to allow a second
residence on 5. 41 acres without State Road
Frontage (for his daughter) in lieu of the
requirement of 5 acres per residence (for lots
without State Road Frontage) . Location: 4611
River Estates Road, Union Township, Zoning Map
#7646, Zoning District RA.
**Arguments For Granting the Request
Stevens said he purchased the land prior to the
new zoning laws in July 1987 . Stevens said that
he purchased the land to be able to give to his
children so day and was not informed of the
regulation of 5 acres per residence (when not
fronting on a State Maintained Road) . There were
neighbors present, from this development, that
also were not aware of this law. Each of these
neighbors wanted to be able to give their children
portions of their property (approximately 20
additional lots would be added to this private
road if all the residents were granted this
variance) .
Johnson told Stevens that this law has been in
effect through N.C.G. S. regulations since 1973 .
Stevens said that when Ken McDowell sold him the
land he said there would be no problem with
giving his daughter a portion of the 5 acre tract
of land. Johnson explained that allow the lots
in the development are 5 acres in order for the
developer to only build a private road for access.
Maxton McDowell informed Stevens that this
information was with held from his developer, not
the County.
**Arguments Against Granting the Request
There was no one present in opposition.
**Board Discussion: Conclusions Based of Findings
of Fact
Jim Routh explained that there has to be
guidelines to keep these road problems from
getting out of hand. If there are larger lots
within the development it means there are less
people to have to get together to keep up the
private road. Routh said because there is no
State maintenance that will come in and fix
problems created on these private roads. Routh
said that as Bill Dorsett reminds the Board, the
law is specific and the Board cannot approve these
variances without a hardship being proven.
Dorsett said that with a clear conscience the
Board cannot wholesale away the zoning ordinance
and if this variance were granted everyone (in
this development) would have to be given this same
variance.
**Order of the Board of Adjustment
Dorsett made the motion, seconded by Jim Routh,
that this request for a Variance be denied. The
motion passed unanimously.
B: HEARTH KENNEDY, Trinity, North Carolina, is
requesting a side setback Variance to allow a 15
ft. side setback, for an attached garage (to the
residence) , abutting a street easement in lieu of
ti- the required 35 ft side setback. Location: 5447
Brokaw Drive, Trinity Township, Zoning Map #7706 ,
Zoning District RA.
**Arguments For Granting the Request
Kennedy showed the Board a site plan for his
property and were the addition to his residence
would be made . Kennedy explained that his son was
killed back in April and he wanted to be able to
add to his carport a place to store his son' s car.
Kennedy said that the street that his property
adjoins has never been cut due to perking problems
on the lots that would front on this street.
**Arguments Against Granting the Request
There was no one present in opposition to this
request.
**Board Discussion: Conclusions Based on Findings
of Fact
Jim Routh said that this undeveloped street has
been given a 60 ft. right-of-way where only 45 ft.
would be required.
It was a consensus of the Board that the variance
would not violate the intent of the County
Ordinance and would not substantially injure the
value of adjoining property.
**Order of the Board of Adjustment
Lynden Craven made the motion, seconded by Jim
Routh, to approve this request for a setback
variance. The motion passed unanimously.
6 . The meeting adjourned.
NORTH CAROLINA
RANDOLPH COUNTY
4 .
Planning Dire tor
6)04,
Date Click/Secretary