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03MarchBOA (2) Al- i ei3 MINUTES �� RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT March 6, 1990 There was a meeting of the Randolph County Zoning Board of Adjustment on Tuesday, March 6, 1990, at 7 : 00 p.m. , in the Commissioners Meeting Room, Randolph County Office Building, 707 McDowell Road, Asheboro, North Carolina . 1 . Chairman Charles Adams called to Order the Randolph County Zoning Board of Adjustment meeting at 7 :00 p.m. 2. Hal Johnson, Planning Director , called roll of the members: Charles Adams, Chairman, present; Aweilda Little, Vice Chairman, present; Jim Routh, present; Lynden Craven, present; Bill Dorsett, present; Doyle Stout, present; Maxton McDowell , Alternate, present; and Arlie Culp, Alternate, present. 3. Hal Johnson gave a brief summary of the first request (side setback variance) before the Board . Joseph Tyson, Ramseur , North Carolina, requested a Variance allowing a side property setback of 4 1/2 feet in lieu of the required 10 feet for a single wide mobile home. Location: Rolling Hills Sub- division, lot #6, SR 2618, Columbia Township, Zoning Map #8701 , Zoning District RA. Chairman Adams asked for arguments in favor of granting this request . Joseph Tyson explained to the Board that he purchased the property in June 1987 and located a mobile home at that time . Tyson stated at that time he could not locate the exact location of his side property line. Hal Johnson asked Tyson questions concerning the fence located on the side property line. Tyson stated that the fence was located because Mrs . Tyson operated a child care business at this residence and the fence was necessary for safety procautions. Johnson asked Tyson to described the lot. Tyson said the lot is approximately 1 acre and has 100 ' of road frontage. Tyson stated that he became aware of the problem of the side setback of his home when his adjoining property owner had his property surveyed. Tyson was asked when this survey was done and he answered approximately a year ago. Chairman Adams asked for arguments against granting this request . Frank Wells, Attorney representing Gary Burton , addressed the Board with concerns of Tyson not show characteristics unique to this lot to warrent granting a Variance . Wells did not feel granting this variance would be in harmony with the general purpose and intent of the ordinance and would not preserve its spirit . Wells added that Tyson would be able to secure a reasonable return and make March 6, 1990 Page 1 reasonable use of this property if he complies with the setback provisions of this ordinance. Wells urged the Board to follow the strict letter of the law and deny this variance. Johnson asked Wells if this variance was granted would it present a specific hardship to the Burton ' s. Wells stated that it would not cause any other hardship than has not been foreseen by the Ordinance that caused the County to impose this setback at the time of adoption (of the Ordinance) . Wells added that there is approximately 100 feet between the two residences, but there is 4 1/2 feet between the side property line and the mobile home structure and 3/4 inch from the line to the tongue of the mobile home . Board Member Bill Dorsett asked Tyson what hardship it would cause for him to comply with this require- ment . Tyson said it would not be a hardship, that he just wanted to be sure he had to move the mobile home before he went to the expense. Board Member Lynden Craven stated that it is a mobile home and can be moved with the process of disconnecting water and sewer lines . Craven asked if this could be corrected if or when Tyson (for any reason) removed the existing mobile home. Johnson reviewed with the Board the requirements for issuing a Variance . Bill Dorsett stated that Tyson did meet 2 of the 3 requirements. Dorsett stated that he did not feel Tyson caused this by his own actions. Board Member Aweilda Little stated that as a property purchaser he has an obligation to know where his property lines are. Board Member Jim Routh asked for a clarification from Hal Johnson. Routh asked in order to issue a Variance would Tyson have to meet all 3 requirements . Johnson stated the Board is required by law to see that all the requirements are meet prior to issuance of a Variance. Jim Routh made the motion to deny the request for a Variance because it would not be in harmony with the general purpose and intent of the ordinance. Aweilda Little seconded this motion. Lynden Craven and Maxton McDowell voted against the motion. The Variance was denied with a 5/2 vote. 4 . Hal Johnson gave a brief summary of the second request . Joann Cranford, Asheboro, North Carolina, requested a Variance to allow the division of 2 lots (1 1/2 acres each) from a 5 acre tract fronting on a private road in lieu of the required 5 acre size minimum. Location: at the end of SR 2840 (where state road maintenance ends) , Cedar Grove Township, Zoning Map #7658, Zoning District RM. Johnson stated that the property is located on a privated road extend beyond State Maintenance . Johnson added that the private section of the road is nicer than the State Maintained section. Cranford said that she would like to deed her son and daughter 1 1/2 acres of land each. Johnson explained problems the County has with some of the privately maintained roads in County juris- March 6, 1990 Page 2 diction. There was no one present in opposition to this request . Bill Dorsett stated that this was not a hardship case . Lynden Craven made the motion to deny this request for a Variance because the applicant is not suffering any hardship by not granting the Variance. Bill Dorsett seconded this motion. The motion passed unanimously. The request was denied. 5 . The Zoning Board of Adjustment meeting adjourned at 7 : 31 p.m. NORTH CAROLINA RANDOLPH COUNTY Planning Dir-ctor 3- . ? - 9.0- I GO _Zi/z,z:e._- Date Cle/ /Secretary ,,,sy i 1 . l pip C7J,-.,-,t&....;.__• ..,_,•N .. p` G'L it Y.i�d f y-. March 6, 1990 Page 3