Loading...
06JuneBOA '` ' '� ` �'� ; G' MINUTES RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT 1779 June 7, 1994 1. Chairman Jim Routh called to order the Randolph County Zoning Board of Adjustment meeting. 2 . Hal Johnson, Planning Director, called roll of members: Jim Routh, Chairman, present; Aweilda Williams, Vice Chairperson, absent; Tim Poole, present; Lynden Craven, present; Charles Adams, absent; Bill Dorsett, present; Phil Brower, present; and Maxton McDowell , Alternate , present. 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. " 10 people took this Oath. 4 . VARIANCES: A: DERICR 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 Don Miller, Attorney, (representing Apple) stated that all the structures on this property were existing when Apple purchased the property in 1988 . Miller said there is a mobile home park, apartments and the house on this 4 . 6 acre tract. Miller explained Apple ' s intentions of selling the house and the natural breaking points for the home site would cause the lot size to be just over 33 , 000 sq. ft. Miller said all the septic tank lines (for the house) would be contained within the new lot. **Arguments Against Granting the Request There was no one present in opposition. **Board Discussion: Conclusions Based on Findings of Fact Johnson explained that prior to the new Watershed Regulations in acted by the State (January 1 , 1994) lot size variances were not local government authority but through these new regulations the authority has been given to local governments to grant minor Variances . Johnson added that this property is located in the furthermost point from the water source in Lake Reese Watershed. **Order of the Board of Adjustment Lynden Craven made the point, seconded by Tim Poole, to approve this request for a lot size Variance. The motion passed with a 4-1 vote, Phil Brower voted against the motion. B: JACKY ELKES, Archdale, North Carolina, is requesting a Variance to allow a (2) 2 acres lot in lieu of the required minimum 5 acre lot size fronting on a private road (the remaining 3 1/2 acres will be retained by the owner with adjoining tract) . Location: Elkes Place (off Spencer Road) , New Market Township, Zoning Map #7737 , Zoning District RA. **Arguments for Granting the Request Elkes was present and explained he maintains this private road and he would like to give his son and daughter 2 acres each from this tract. **Arguments Against Granting the Request There was no one present in opposition. **Board Discussion: Conclusions Based on Findings of Fact Bill Dorsett said he felt the remainder of the property should be included in one deed with adjoining tract (there should not be 2 separate deeds for Elkes ' property) . This would prevent the remaining 3 1/2 acres of becoming another lot. Elkes agreed to have his property deeded as one deed. **Order of the Board of Adjustment Dorsett said the County has traditionally viewed this as a hardship. For this reason, Dorsett made the motion to approve this request for a Variance. The motion passed with 4-1 vote, Phil Brower voted against the motion. C: RICHARD CROSS, Trinity, North Carolina, is requesting a Variance to allow a lot size of approximately 1 acre in a Water Quality Critical Area (for 2 lots) in lieu of the required 80 , 000 sq. ft. lot size minimum, 5684 Muddy Creek Road, New Market Township, Zoning Map #7737 , Zoning District RM. **Arguments for Granting the Request Cross said he would like to be able to add another mobile home on his rental property of 2 acres (that currently has 1 mobile home) . Cross said his current renters wanted their son to be able to move a mobile home on to this property. **Arguments Against Granting the Request There was no one present in opposition. **Board Discussion: Conclusions Based on Findings of Fact Johnson said that the problem he saw with approving a Variance like this was because of its close proximity to the actual reservoir. Johnson said this area already has high density development. Johnson added that the State does not consider the Randleman Lake Watershed Area as a watershed currently. The State will only classify an area Watershed when there is actual water (not prior to development of a reservoir) . **Order of the Board of Adjustment Bill Dorsett said he did not consider this request a minor Variance and did no see that a hardship had been established. For this reason, Dorsett made the motion, seconded by Phil Brower, to deny this request for a Variance. The motion passed. D: JESSIE YORK, Ramseur, North Carolina, is requesting a Variance to permit 1994 single wide mobile home on a lot to replace 100 year old house located at 8508 NC Hwy 42S, Coleridge Township, Zoning Map #8618, Zoning District RR. **Arguments for Granting the Request York explained that it was their intention to set-up a mobile home on the property and use the 100 year old house for storage. York told the ..� Board that no one would live in the house. **Arguments Against Granting the Request Arthur Privette, adjoining property owner/resident, said he didn' t have a problem with the York' s replacing the house with a mobile home but would be against allowing the house to remain on the property. Privette spoke of wild parties , gun shooting, people moving in and out all the time, cussing, and other undesirable behavior taking place at this residences . Joe Brown, trustee of Deep River Baptist Church, said the Church would not be opposed of approving this request with the restriction of all buildings, cars , and junk be removed from the property. R.E. Scott, adjoining property owner/resident, said he felt the Yorks should remove the junk and the house before a mobile home moves in. **Board Discussion: Conclusions Based on Findings of Fact Bill Dorsett asked the Yorks if they would be willing to tear down the old house. The Yorks said no. **Order of the Board of Adjustment Bill Dorsett said in the past this Board has required people to clean up their property in order to have a Variance approved. Dorsett said that the only way he could approve this request with a clear conscience would be if the Yorks were required to clean up the property and remove the house within 6 months of an approval. Dorsett said the Yorks are unwilling to remove the house and for this reason he made the motion to deny this request for a Variance. Phil Brower seconded this motion, and the motion passed unanimously. 5 . The meeting adjourned. NORTH CAROLINA RANDOLPH COUNTY N091 e,;344,J0 ,) Planning Dir ctor I3—/y Date C k/Secretary ')% roc 1779