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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°
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