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07JulyBOA 4# ,'42t .:3' 17' °� '��s. 'vim.,; i- , ', polo MINUTES # RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT • 1774 July 11, 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, present; Tim Poole, absent; Jim Routh, present; Lynden Craven, present; Bill Dorsett, present; Phil Brower, present; and Maxton McDowell, Alternate, present (substituting for regular member Tim Poole) . 3 . Lynden Craven made the motion, seconded by Bill Dorsett, to approve the Minutes of the June 6 , 1995 meeting of the Randolph County Zoning Board of Adjustment. 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 God. " 19 citizens took the Oath. 5. VARIANCES: A: WILLIAM BROWN, Trinity, North Carolina, is requesting a Variance to allow a front setback of 30 ft. in lieu of the required 35 ft. minimum front setback. Location: 4278 Wedgewood Terrace, Dawnwood Forest Subdivision-Section 3-Lot 65 , Trinity Township, Zoning Map #7707 , Zoning District RM. **Arguments for Granting the Request Brown was present and explained that due to the lot size and the location of the septic system on this lot, he could only locate the double wide mobile home 30 feet off the right-of-way. Brown explained that he would be replacing a single wide home with this double wide . Brown said that he has lived on this lot for 24 years. **Arguments Against Granting the Request There was no one present in opposition to this request. **Board Discussion: Conclusions Based on Findings of Fact Williams said that the applicant has proven a hardship to the parcel with the septic tank restricting the placement of a new home. **Order of the Board of Adjustment Lynden Craven made the motion, seconded by Aweilda Williams , to approve this request for a front setback variance. The motion passed unanimously. B: JOHN LOWE, Liberty, North Carolina, is requesting a Variance to allow 8 . 81 acres be subdivided into 3 lots on a private drive in lieu of a minimum lot size requirement of 5 acres . Location: Scotton Road (property approximately 4/10 mile off Old Staley Road) , Columbia Township, Zoning Map #8734, Zoning District RA. **Arguments for Granting the Request Lowe explained to the Board the family' s intention for the father, uncle, and himself, to place residences on the property and divide the land into separate deeds . Lowe said the land has been perked and he has owned the property since last Fall. Board member Dorsett described the road as possibly inadequate to handle additional traffic due to the fact that it is a single lane private drive . Dorsett questioned who kept the road maintained. Lowe said that he was not sure. **Arguments Against Granting the Request Tammy McKinney, adjoining resident, told the Board that her father, Delmer Scotton, and John Petree maintains the road. McKinney discussed hardships of the property being landlocked without an easement and presented a petition of adjoining land owners in opposition to this Variance. Delmer Scotton, adjoining resident, said that he has tried for 20 years to get the State to help maintain the road and clear up the right-of-way problem and has been unsuccessful. Scotton said that he was not here to hurt the Lowe' s but that he felt they needed to be aware of the problems. There were 5 people present in opposition. �.. **Board Discussion: Conclusions Based of Findings of Fact Dorsett said that there has been no hardship to the land shown, only a desire to develop the property with 3 residences. Dorsett added that legally the Board are bound and cannot approve such a request. **Order of the Board of Adjustment Dorsett made the motion, seconded by Williams , to deny this request for a Variance. The motion passed unanimously. C: DON FARLOW, Tampa, Florida, is requesting a Variance to allow the placement of a second residence on 2 . 2 acres located on a private drive in lieu of a minimum lot size requirement of 5 acres per residence. Location: Littles Drive (off Mack Lineberry Road) , Franklinville Township, Zoning Map #7785 , Zoning District RA. Property Owner: Virginia Foley. **Arguments for Granting the Request Farlow was present and explained that he wants to build a house beside his mother ' s home. Farlow said that he mother wanted to deed him 1 acre out of the 2 . 2 acres . Farlow said that his mother moved here 10 years ago from Florida to help take care of her mother and the property was handed down to her from her parents. Farlow said he would like to live here to help take care of his parents when they get older. When Farlow was questioned about the road maintenance, he was unable to answer who takes care of the road. **Arguments Against Granting the Request Irvan Little, adjoining property owner, was present and said that his father maintains the road by himself and explained that the road is only a 20 ' easement. Little said that he has a house on 1 . 74 acres on this road that was cut out of his fathers 50+ acres. Little described the lot with several structures and said that the lot is crowded now and that due to the right-of-way to this lot being questionable the variance should not be approved. There were 3 people present in opposition to the request. **Board Discussion: Conclusions Based of Findings of Fact Dorsett said that this request was a desire more than a hardship and that he could not see grounds to approve this request. Dorsett said that is not a hardship to the property. Routh said that he was torn because the mother wanted her son to be able to live near her. Routh said that the 1 acre lot would be adequate if the services are there (such as roads, etc. ) . **Order of the Board of Adjustment Dorsett made the motion, seconded by Phil Brower, to deny this request for a Variance due to absence of hardship. The motion passed with a 5 to 2 vote. Routh and Williams voted against the motion. 6 . The meeting adjourned. NORTH CAROLINA RANDOLPH COUNTY Planning Director 7 - / 9- 9,5- 4( . Date Cl- , /Secretary 40° 11. 'i.' ;'''';1111N16,..,