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
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Planning Dir ctor
I3—/y
Date C k/Secretary ')% roc
1779