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05MayBOA ;. .tom r. + t\c0 ' ..- — d ` : ..m ,.,.4, MINUTES v ` " 1' ' ' RANDOLPH COUNT1 'ZONING BOARD OF ADJUSTMENT /779 May 3, 1994 1. Chairman Jim Routh called to order the Randolph County Zoning Board of Adjustment. 2 . Roll call of members: Jim Routh, Chairman, present; Aweilda Williams, Vice Chairperson, present; Tim Poole, absent; Lynden Craven, present; Charles Adams , present; Bill Dorsett, present; Phil Brower, present; and Maxton McDowell, Alternate, present (substituting for Tim Poole) . 3. 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. " 2 people took this Oath. 4. VARIANCES: )1141./ A: DERICK APPLE, High Point, North Carolina, is requesting a Variance to allow a 33, 000 sq. ft. lot in lieu of the required 40, 000 sq. ft. minimum lot size within Lake Reese Watershed. Location: 5079 Meadowbrook Road, Trinity Township, Zoning Map #7707, Zoning District RM. **Arguments for Granting the Request Derick Apple was not present for this meeting. **Arguments Against Granting the Request Hal Johnson, Planning Director, explained to the Board that the State has changed the Watershed Rules and Regulations and now allow the County to consider minor lot size variances within watershed areas . Prior to this change, which occurred a few months ago, the State would not allow any lot size variances and for this reason Johnson stated he would not advise the Board to grant any lot size variance unless there was a good reason. **Board Discussion: Conclusions Based on Findings of Fact r../ The Board felt it would be necessary to discuss this request with Apple. **Order of the Board of Adjustment Lynden Craven made the motion, seconded by Charles Adams , to delay a decision on this request until Apple could be present. The motion passed unanimously. B: JACKY ELKES, Archdale, North Carolina, is requesting a Variance to allow a 2 acres lot in lieu of the required minimum 5 acre lot size fronting on a private road. Location: Elkes Place (off Spencer Road) , New Market Township, Zoning Map #7737 , Zoning District RA. **Arguments for Granting the Request Elkes stated that this private road is maintained by his family, that the only property owners on this road are he and his children. Elkes stated that the total property is approximately 11 acres with residences and his church. Elkes told the Board that when he purchased this property he was not aware of the requirement of minimum lot size of 5 acres fronting on private roads. ..� Elkes stated that if this variance was granted it would allow for future expansion of parking, etc. for the church. **Arguments Against Granting the Request There was no one present in opposition to this request. **Board Discussion: Conclusions Based on Findings of Fact Bill Dorsett reminded the Board that a request for a Variance can not legally be approved due to feeling sorry for the property owner. Dorsett added that a hardship must be proven. **Order of the Board of Adjustment Aweilda Williams made the motion to approve this Variance noting the need for additional property for future expansion of the existing church. Lynden Craven seconded this motion. Jim Routh asked for a clarification from Elkes of his request. Elkes explained he would like to have this 7 acres divided into 3 tracts (approximately 2 acres each) . Aweilda Williams withdrew her motion, stating that this was not the request that had been explained to the Board. Johnson stated that this was not the same request understood by the Planning Department. Elkes apologized for the misunderstanding. A Planning Staff member told the Board that adjoining property owners had called the office concerning this request. The callers were explained that this would be a 2 acre division of property to his son and the remainder would remain in Mr. Elkes ' ownership. Lynden Craven made the motion to postpone this request until the next regularly scheduled meeting. Craven stated that with this clarification he would like to re-visit the site. Dorsett seconded this motion and the motion passed unanimously. 5. The meeting adjourned at 7 : 55 p.m. NORTH CAROLINA RANDOLPH COUNTY 411111011, Ar Planning Direc V.r • - 3 - 941 dit (d)r,,,,„„-L Date Clef/Secretary (-- `... ,ems 1778