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07JulyBOA RANDOLPH COUNTY PLANNING AND DEVELOPMENT 204 E Academy Street, Asheboro NC 27203 (336) 318-6555 DUE TO COVID-19, WE WILL TAKE NECESSARY PRECAUTIONS TO FOLLOW SOCIAL DISTANCING RECOMMENDATIONS FOR THE SAFETY OF OUR CITIZENS, BOARD MEMBERS AND STAFF. RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT AGENDA July 7, 2020 1. Call to Order of the Randolph County Zoning Board of Adjustment. 2. Roll call of the Board members: Reid Pell, Chairman; Wayne Joyce, Vice Chairman; John Cable; Keith Slusher; Kemp Davis; Melinda Vaughan; Ralph Modlin; Michael Koehler, Alternate; and Reggie Beeson, Alternate. 3. Consent Agenda: Approval of agenda for July 7, 2020, Zoning Board of Adjustment meeting. 4. Old Business. 5. New Business. VARIANCE REQUEST #2020-00001648 The Randolph County Zoning Board of Adjustment will hold a Quasi-Judicial Hearing for SAMUEL GRIFFIN, Sophia, NC, and his request for a Variance to use the property located at 2620 Sawyer Rd Ext, owned by Kurt Robert Somero, in a manner not permissible under the literal terms of the Randolph County Unified Development Ordinance, Back Creek Township, Tax ID# 7734825236, Mt Fork Creek Meadows Subdivision lot 3, Zoning District RA. It is the desire of the applicant to divide a 1.00 acre lot of off the existing 5.25 acres lot in lieu of the requirement that properties not having 100 ft. of http://www.randolphcountync.gov State road frontage must be 5.00 acres in size as defined by an Ordinance adopted by the Randolph County Board of Commissioners in 1973. Arguments for Granting this Request Arguments for Denying this Request Board Discussion based upon Findings of Fact Order of the Randolph County Zoning Board of Adjustment. th Variance must have 4/5 majority to approve a variance request. 6. Adjournment. July Request Location Map Archdale Liberty Trinity Randleman Staley Griffin Franklinville Ramseur Asheboro Seagrove Legend Roads Reservoirs County line Municipal Zoning 01.252.557.510 Miles CASE SUMMARY FOR VARIANCE REQUEST #2020-00001648 The Randolph County Zoning Board of Adjustment will hold a Quasi-Judicial Hearing for SAMUEL GRIFFIN, Sophia, NC, and his request for a Variance to use the property located at 2620 Sawyer Rd Ext, owned by Kurt Robert Somero, in a manner not permissible under the literal terms of the Randolph County Unified Development Ordinance, Back Creek Township, Tax ID# 7734825236, Mt Fork Creek Meadows Subdivision lot 3, Zoning District RA. It is the desire of the applicant to divide a 1.00 acre lot of off the existing 5.25 acres lot in lieu of the requirement that properties not having 100 ft. of State road frontage must be 5.00 acres in size as defined by an Ordinance adopted by the Randolph County Board of Commissioners in 1973. COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 REQUEST FOR VARIANCE Date:06/03/2020 Applicant:GRIFFIN, SAMUEL Address:2597 SAWYER RD EXT Parcel #: 7734825236 City, St. Zip: SOPHIA, NC 27350 Permit #: 2020-00001648 Owner:SOMERO, KURT ROBERT Permit Type Code: PZ 4 Address:2620 SAWYER RD EXT Location Address: 2620 SAWYER RD EXT City, St. Zip: SOPHIA, NC 27350 SOPHIA, NC 27350 CONTACT NAME:SAMUEL GRIFFINContact Phone:336 937-1674 PARCEL INFORMATION: Lot number: 3Subdivsion: MT FORK CREEK MEADOWS Acreage:5.2500 Township:02 - BACK CREEK ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: N/A Zoning District 3: N/A Specialty District: N/A Watershed Name: NONE Class A Flood Plain On YES Prop?: Flood Plane Map #: 3710773400J VARIANCE REQUESTED: TO ALLOW A DIVISION OF 1.00 ACRES OUT OF A 5.16 ACRE BASE TRACT WITH LESS THAN 100 FT. OF STATE ROAD FRONTAGE IN LIEU OF THE REQUIREMENT THAT ALL LOTS NOT HAVING AT LEAST 100 FT. OF STATE ROAD FRONTAGE SHALL BE 5.00 ACRES IN SIZE Total Permit Fee: $0.00 COMMENTS: VARIANCE NOTE: The undersigned owner/applicants respectfully request pursuant to the Randolph County Zoning Ordinance, that the property described above be issued a Variance for the purpose described above. Eric Martin Signature of Applicant: Authorized County Official - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov REQUEST FOR VARIANCEPage: 1 of 1 Griffin Request Location Map Directions to site: US Hwy 311 N - (L)) Beckerdire Rd - (L) Sawyer Rd - Site on (LP approx. 6/10 mile at 2620 Sawyer Rd Ext. 1 inch = 1,000 feet Griffin Variance Request Legend Parcels Structures Special Use Permit for 40 ft. Type by 60 ft. building for storage of contractor equipment. Permanent Structure Temporary Structure Roads Streams 50 ft. Stream buffer Flood plains County zoning Request Districts location RA 1 inch = 300 feet Griffin Variance Request Legend Parcels Roads Streams 50 ft. Stream buffer Flood plains 1 inch = 150 feet COUNTY OF RANDOLPH VARIANCEWORKSHEET VarianceRequest#2020-00001648 The Zoning Board of Adjustment does not have unlimited discretion in deciding whether to granta Variance. Under the State enabling act, the Zoning Board of Adjustment is required to reach that all of the following threeconclusionsare met before it may issue aVariance. 1.The applicant must show that strict application of the Randolph County Unified Development Ordinancewould create unnecessary hardships.State law providesseveral testsregardingunnecessary hardships. It is not necessary to show that no reasonable use can be made of the property without a variance, but the hardship must be real and substantial.Mere inconvenience or additional expense is not adequate. The hardship must be peculiar to the property, such as the property’s location, size, or topography.Conditions common to the neighborhood or the public are not sufficient. Thehardship must not have been self-created.Purchase of the property knowing it may be eligible for a variance is not a self-created hardship. 2.The applicant must show that the variance would be consistent with intent and purpose of ordinance.This means no"use variances" can be allowedand non- conformities may not extend beyond what the ordinance allows. 3.The applicant must show that the variance would be consistent with the overall public welfare and that substantial justice will be done.The Variance must not create nuisance or violation of other laws.Conditions may be applied to Variances and the conditions may be enforced, but only conditions related to Variance standards may be imposed. Most decisions of the Zoning Board of Adjustment require a simple majority of the Board, but a variance requires a four-fifths majority to approve. 3®´±¢¤Ȁ §³³¯²Ȁȝȝ¶¶¶ȁ²®¦ȁ´­¢ȁ¤£´ȝ±¤²®´±¢¤²ȝ«¤¦ «-summaries/background-material-board-adjustment MOTION TO APPROVE A VARIANCE NORTH CAROLINARANDOLPH COUNTY ZONINGBOARDOF ADJUSTMENT “I make the motion to APPROVEthe variance from the Randolph County Unified Development Ordinanceon the specified parcel(s) on the Varianceapplication, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed upon revisions, that unnecessary hardship would result from the strict application of the Ordinance, that the hardship results from conditions that are peculiar to the property, or that the hardship did not result from actions taken by the applicant or the requested variance is consistent with the spirt, purpose and intent of the Ordinance such that public safety willbe secured and substantial justice is achieved.” If making a second to the motion, please change to say, “I second themotion . . .”and continue reading the rest of the motion. MOTION TO DENY A VARIANCE NORTH CAROLINARANDOLPH COUNTY ZONING BOARDOF ADJUSTMENT “I make the motion to DENYthe variance from the Randolph County Unified Development Ordinanceon the specified parcel(s) on the Varianceapplication, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed upon revisions, or that unnecessary hardship wouldnotresult from thestrict application of the Ordinance, or that the hardship does not resultfrom conditions that are peculiar to the property, or that the hardship was aresult from actions taken by the applicant or the requested variance is not consistent with the spirt, purpose and intent of the Ordinance such that public safety willnotbe secured and substantial justice is achieved.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion.