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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