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12DecemberBOA oWY, M s '�• as "; ae MINUTES 10‘ ham' a DOLPH COUNTY ZONING BOARD OF ADJUSTMENT December 5, 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, absent; Jim Routh, present; Bill Dorsett, present; Phil Brower, present; and Maxton McDowell, Alternate, present (substituting for regular member Charles Adams) . 3. Phil Brower made the motion, seconded by Jim Routh, to approve the Minutes of the November 9 , 1995 Randolph County Zoning Board of Adjustment Meeting. The motion passed unanimously. 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 you God. " 7 citizens took this Oath. 5 . REQUESTS FOR A VARIANCE: A: GEORGE STOWE, Asheboro, North Carolina, is requesting a Variance to allow approximately a 1 . 50 acre tract without State Road frontage in lieu of the required 5 acre minimum tract size. Property location: 1080 Running Cedar Road; Cedar Grove Township; Zoning Map #7720; Zoning District RA. **Arguments for Granting this Request Stowe explained that he and his wife were in their mid 70 ' s and their daughter, that they wish to deed the property to, lives in Virginia. Stowe said that they would like to have their daughter close to them. Stowe said that he contacted the property owners here and they were not opposed to this request. Stowe said that he has lived here for 10 years and the property owners on this road maintain the road. Stowe said that his daughter plans to build a 1600 sq. ft. 2 story home here. Phil Brower asked Stowe if he had other heirs . Stowe said that he had two other daughters but they would not want the property because they both live in Florida. Stowe added that he did try to purchase the adjoining tract of land but the property owner doesn' t want to sell it. **Arguments Against Granting this Request Tim Aikens, adjoining property owner, said that he recently purchased and paid a little more for the land to get into this restricted area that will provide this privacy. Grace Johnson, adjoining property owner, said that she also wanted her privacy protected. There were 4 citizens present in opposition. **Board Discussion: Conclusions Based on Findings of Fact Williams reminded the Board members that there must be a hardship proven by the applicant. Williams added that she did not feel this had been proven. Routh said that it is honorable to want to live near parents and that he respected this, but he must also respect the rights of the adjoining property owners . Routh said he did not feel a hardship had been proven. **Order of the Board of Adjustment Routh made the motion, seconded by Dorsett, to deny this request for a Variance. The motion passed unanimously. B: BARRY KNIGHT, Randleman, North Carolina, is requesting a side setback variance to allow a setback (from a road right-of-way) of 17 feet in lieu of the required minimum setback of 35 feet. Property location: 5875 Fred Lineberry Road, Woodfield Acres Section 11 lot 264 , Providence Township, Zoning Map #7777 , Zoning District RR. **Arguments for Granting this Request Barry Knight was present and explained that the lot marker for this corner was down and his employees pulled the string (to measure the setback) from the center of the right-of-way (the road was not developed yet) . Knight said this was a mistake that was made unintentionally. Knight said that the garage is on this side of the house. Ken McDowell, developer of Woodfield Acres, said that this was an unfortunate mistake that we are trying to correct. McDowell said that Knight has built several houses in this development and has done a fine job. McDowell said this was just an honest mistake. **Arguments Against Granting this Request There was no one present in opposition to this request. **Board Discussion: Conclusions Based on Findings of Fact It was a consensus of the Board members that this would be considered a hardship. **Order of the Board of Adjustment Maxton McDowell made the motion, seconded by Tim Poole, to approve this request for a side setback variance . The motion passed unanimously. C: ROGER HARVEY, Asheboro, North Carolina, is requesting a rear setback variance of 10 feet in lieu of the required minimum setback of 30 feet. Property Location: 1986 Manorview Road; Crestview Manor, Section 2 , Map 2 , Lot 49; . 70 acres; Cedar Grove Township; Zoning Map #7659; Zoning District RM. **Arguments for Granting this Request Neal Craven, developer of Crestview Manor, said that due to topographical problems and the location of the septic system for this lot, there was no other place to locate the home. Craven presented the septic tank permit issued by the Health Department that showed the home should be installed as it is (with a 10 ft. rear setback) . Dorsett expressed his concerns of the home being placed so close to the home on the adjoining lot. The Board noted that the resident of that adjoining lot was present in opposition to this request last month. (At that time the Board postponed the request until this month so the developer could be present. ) Craven said that the home on the adjoining lot was not placed were the layout from the Health `-e Department had shown for it to go. Craven said that he met the mobile home mover on the adjoining lot when it was placed there and due its ' topography the set-up contractor refused to set-up the home where it was proposed to be set. **Arguments Against Granting this Request There was no one present in opposition to this request. **Board Discussion: Conclusions Based on Findings of Fact The Board noted that the home would actually be placed 13 feet off the property line. Routh said that it appeared that the developer, in good faith, tried to develop the lot the way the County told him to. **Order of the Board of Adjustment Jim Routh made the motion, seconded by Phil Brower, to approve this request for a Variance. The motion passed unanimously. 5 . The meeting adjourned. NORTH CAROLINA RANDOLPH COUNTY C,;;47&7 / Planning Director /Q - 7 - 1.5- / ac-2.712-- Date Mork/Secretary 4ttif ,:r el da —' to- �t