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
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Date Cle/ /Secretary
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March 6, 1990 Page 3