01JanuaryBOA
RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT
MINUTES
January 7, 2020
There was a Randolph County Zoning Board of AdjustmentPublic Hearing on Tuesday,
January 7, 2020, at 6:30 p.m. in the Commissioners Meeting Room, 145-C Worth Street,
Asheboro, NC.
ChairmanPellcalled the meeting to order at 6:30 p.m. and welcomed those in
attendance. Jay Dale,Planning Director, called the roll of the Randolph County Zoning
Board of Adjustment.
Reid Pell, Chairman, present;
Wayne Joyce, Vice Chairman,present;
John Cable,present;
Keith Slusher,present;
Kemp Davis,present;
Melinda Vaughan,present;
Ralph Modlin,absent;
Michael Koehler, Alternate, absentand
Reggie Beeson, Alternate,substituting for Ralph Modlin,present.
Ben Morgan,County Attorney, was also present.
Daleinformed Pell that a quorum was present.
Morgangave an overview of the procedures for the Zoning Board of Adjustment. He
explained the hearing would be quasi-judicial and anyone giving testimony would be
sworn in and subject to cross-examination.
Pellcalled for a motion to approve the consent agenda. Cablemade the motion followed
by Joyceto approve the consent agenda. The consent agenda was approved as
presented.
Approval of minutes from December 3, 2019, Planning Board meeting.
Approval of agenda for January 7, 2020,ZoningBoardof Adjustment
meeting.
Approval of Special Use Order for Jesse J McAdams.
Zoning Board of Adjustment MinutesJanuary 7, 2020Page 1of 16
Pellcalled for any old businessfrom the Board.Hearing none, Pellcalled for new
business before the Board.
Dalepresented the first case of the evening.
VARIANCE REQUEST #2019-00003519
WILLIAM H AND CAMILLE G REDDING, Asheboro, NC, arerequesting a
Variance touse the property located at 1538 Sylvan Way in a manner not
permissible under the literal terms of the Randolph County Unified
Development Ordinance,Back Creek Township, Lake Lucas Water Quality
Critical Area, Tax ID# 7742557544, Zoning District RE.It is the desire of the
applicant to construct an addition to their existing residence that would
require an 8 foot side property line setback in lieu of the required 10 foot
side property line setback.
Daleinformed the Board that the adjoining property is owned by the City of Asheboro.He
said he had received a call from the City stating they would have no problem with the
Board granting Mr. Redding’s variance request.
Mark Trollingerand Bill Reddingtook oath.
Mark Trollinger, 2407 Old Lexington Rd., Asheboro, a licensed general contractor said
he was there on behalf of Mr. Redding, the property owner.He explained the owner’s
need for adding a bathroom, closet and laundry room to the main level of their home
which is currently located on the secondfloor.He said recent changes in health and
mobility have made it difficult for Mr. and Mrs. Redding to access the secondfloor of their
home.
Trollingerhighlighted a few of the following factors used to determine the approval of a
variance request:
Practical difficulties or unnecessary hardships would result from strict application
of the zoning requirement:Trollingersaid in order for the homeowners to be able to
continue to live in their home, it requires them to have a ground floor accessible bathroom,
closet and laundry room.He said adequate sizes and clearances are necessary for
maneuverability, primarily speaking of handicap accessible when wheelchairs and
walkers are needed in the future.
No reasonable use can be made of the property without the variance:Trollinger
said they have looked at numerous plan options with the space they have to work with
and none of those address the needs of the family with the specific layout of their home.
The hardship must result from the application of the terms of the ordinance:
Trollingersaid the 10 ft. setback is overly restrictive in this case with the adjacent parcel,
which is extremely unlikely to ever be developed by the City of Asheboro due to the
Zoning Board of Adjustment MinutesJanuary 7, 2020Page 2of 16
topography of the property.He said he also has a letter from the City in support of the
variance.
The hardship must be related to the physical property and not the condition of the
applicant:Trollingersaidthe property’s topography limits the location of an addition as
well as poor soil conditions.He said an addition requires relocation of the existing septic
tank and he has already obtained approval permits from the County to do so pending the
outcome of the request.
The hardship is not of the applicants on making:Trollingersaid the topography, soil
conditions, and the adjoining lake cause the hardship, not of Mr. Redding’s own making.
The hardship must be peculiar to thespecific property involved:Trollinger said
there is a sharp drop off to the right side of the home, the City of Asheboro controls the
adjacent land, and the existing septic and repair area all restrict the land use.
The spirit of the ordinance must bepreserved:Trollingersaid the City of Asheboro
as well as other adjacent property owners, Ted Gora, Don Helms and Grady Dix have all
expressed very strong support of the variance request.
Trollingersaid the requested setback would only be a two-foot reduction from the
sideline setback requirement, still providing adequate access around the home and there
is no future development anticipated for that side of the home.He said if the variance is
granted, it will allow the property owner to maintain the character of the existing home
while remaining compatible and harmonious with the other homes in the area.He then
thanked the Board for their consideration of the request.
Davisasked Trollinger who owns the adjacent parcel that would be affected by the
variance.Trollingertold him the owner is the City of Asheboro.Davisasked if that
property is considered a buffer for the lake and asked if the City would allow
encroachment.Trollingersaid the City told them they could build as close to the property
line as necessary without concern because they feel their property will never be used.
Cableasked if the approval for a variance would allow Mr. Redding to remain in his home.
Trollingersaid yes and Mr. and Mrs. Redding would like to remain in their home as long
as possible.
Pell asked if there was anyone else present in favor of the request. Hearing none, Pell
asked if there was anyone in opposition to the request. Hearing none, Pell closed the
public hearing for discussion among the Board members and amotion.
Morganasked Dale if there had been any calls to the Planning Department in opposition
to the request.Daleanswered no.
Cablesaid the design looks good and takes everything into consideration to enable the
owners to remain in their home where they want to be.Kempsaid it makes a difference
that the City owns the adjacent parcel and they have shown no concern regarding the
Zoning Board of Adjustment MinutesJanuary 7, 2020Page 3of 16
encroachment.He said this is a little different situation.Slushersaid he agrees with the
others.
Slushermade the motion to approvethe variance from the Randolph County Unified
Development Ordinanceon the specified parcel(s) on the Variance application, 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 will be secured and substantial justice is achieved.
Davismade a second to the motion to approvethe Variance.
Pellcalled the question on the motion to approvethe Variance request and the motion
was adopted unanimously and the Variance was granted.
Daleinformed Mr. Redding that his Variance request had been granted by the Randolph
County Zoning Board of Adjustment.
Dalepresented the last case of the evening.
APPEAL REQUEST FOR MONT L. MENDENHALL
ELIZABETH M. KOONCE,Roberson Haworthand Reese, Attorneys and
Counselors at Law, High Point, NC, has filed a Notice of Appealon behalf
of Mont L. Mendenhall concerning the Notice of Violationof the Randolph
County Unified Development Ordinancein reference to the property located
at 1085 Fuller Mill Rd N, Tabernacle Township, Zoning District, RA,
Residential Agricultural,Tax ID# 6793669520. Lake Reese Watershed.
Daleshared aerial photos asfar back as 1982 with no development shown at that time.
He said records indicate that Mr. Mendenhall acquired the property in 1991 and the aerial
photo available at that time shows no development on the property.He continued to share
progressive aerial photos which show no development until 2004, with development
increasing up until the most current 2018 photos.
Dalesaid Mr. Mendenhall had been asked by the County, to seek rezoning of his property
to allow legal use of the commercial activity taking place.He said Mr. Mendenhall stated
that he felt he had circumstances which exempt him from having to rezone the property.
Pellasked if anyone was present to speak in favor of the application.Morganasked if
everyone planning to provide testimony wouldplease stand and take oath in an effort to
save time.There werefour peoplewho took oath.
Chris Finan, an attorney with Roberson, Hayworth & Reese law firm said he and his
partner, Beth Koonce, represent Mr. Mendenhall inregard to the appeal before the Board.
Zoning Board of Adjustment MinutesJanuary 7, 2020Page 4of 16
He said he would like to share the evidence that had been given to him at this point in an
effort to show there is a business being ran on the property.He asked Jay Dale if he had
any additional information or if he had already shared it.
Morganadministered oath to Jay Dale.
Dalesaid to his knowledge, Mr. Finan had been given all the information available
regarding the case.
Finansaid he would like to be clear, for the record, that he had received approximately
50 pages of documentation with a cover letter dated December 31, 2019, as well as the
introduction to the case given by Mr. Dale, which has become testimony at this point.He
asked Dale if there was any additional information in support of an illegal businessbeing
operated on the property.
Dalesaid he had been introduced to a Facebook page with inquiries about membership
and fees which directed you to another site and he had also obtained a copy of an email
advertising the membership fees and rates which was made part of the record.
Finansaid he would like to stipulate that everything presented as well as a series of
emails previously shared between his firm, Mr. Morgan and Mr. Dale, all become part of
the record.Morgansaid the slides shown as part of Mr. Dale’s presentation would also
become part of the record.
Finansaid he would like to provide a packet of evidence and information to the Board,
he would be referring to during the hearing.A packet, Exhibit A,was given to the Clerk
as part of the record.(Exhibit Ais included at the end of these minutes.)
Finansaid the only question to be considered by the Board is whether or not there is an
illegal business being operated on the property owned by Mr. Mendenhall.He said it has
nothing to do with the SecondAmendment(to the United States Constitution), gun ranges
or even zoning.He said the evidence that would be presented to them wouldshow that
the only activity being conducted on the property is a non-profit club known as the Triad
Action Shooters Klub, hereinafter,referred to asTASK.
Finansaid the club has been in operation since approximately 1979 and the members
pay $100 per year maintenance fee, there are no sales on the property, no advertising,
no website, they do not seek new members, there is no phone on property, no water, no
lighting and no powerwhich makes it more evident there is no business on the property.
Finansaid Mr. Mendenhall is a founding member of the club, receiving only $100 per
month from the club as alease on the property.Hesaid Mr. Mendenhall’s property is
zoned “RA”which specifically allows a private, non-profit club as shown in the Table of
Permitted Uses listed within the Randolph County Unified Development Ordinance,
hereinafterreferred to as theUDO, such as TASK and not subject to a Notice of Violation,
hereinafter referred to asNOV.He said at the end of the hearing, they would ask the
Zoning Board of Adjustment MinutesJanuary 7, 2020Page 5of 16
Board to set aside and dismiss the Citationand NOVandgrant the appeal brought before
them.
Mont Mendenhall, 6691 Wildwood Trl., Thomasville, NC, having previously taken oath
and confirmed by Morgan,made the following statements through questioning from
Finan:
Mendenhallsaid he has been the owner of the property located on Fuller Mill Rd. for
approximately 45 years.He said he is not employed and has not been since 2003 at
which time he was an airline captain with United Airlines for 37 years.He said he does
not operate a business at all on the property,the property is used by TASK which pays
him $100 per month as well as a hunt club that pays him to use his land and hunt on the
property.
Mendenhallsaid he is a founding member of TASK which was established in
approximately 1978.He said the club has aBoard of Directors and approximately 450
members.He said there is no commercial activity or benefit for himself from the club.
Finanreferenced the packet previously given to the Board members and asked
Mendenhall questions regarding the contents.Mendenhallsaid he received a Notice of
Violation, followed by a Citationfor illegal business operations on his property.He said
hedoes not conduct business activity on the property and his reason for the appeal.He
said the only activity on the property is a private, non-profit club which has never been a
“for profit” business.
Finansaid that was all the questions he had for Mr. Mendenhall at this time.
Pellasked if there were any questions from the Board for Mendenhall.Dalesaid that
Mendenhall had stated that he receives $100 per month for the use of his property which
does not indicate non-profit and asked how long the club had been operating from that
particular site.Mendenhallsaid since 1979.Dalesaid the aerial photos do not indicate
any activity on the property until 2004.
Mendenhallsaid in the beginning, a group of members would set up their own targets in
an open field and shoot.Dalesaid individuals shooting on their own property is completely
different than operatingabusiness.He thenasked Mendenhall what his role is within the
Boardof Directors.Mendenhallsaid he is the secretary.Daleasked about the $100 paid
annually by each member.Mendenhallsaid the fees are paid to join the club.Dalesaid
the fees being paid indicate to himthere is a business being conducted on the property.
He said, as he had explained to Ms. Koonce, the private, non-profit clubs allowed with the
Table of Permitted Uses, were intended to benon-intrusiveclubs such as Kiwanisand
Boys and Girls clubs allowed in residential zoning.He said it was never intended to allow
the noise produced by gun ranges.
Finansaid he would object to what Mr. Dale had just discussed because it has no
relevance to the specific issue that is before them regarding whether or not Mendenhall
Zoning Board of Adjustment MinutesJanuary 7, 2020Page 6of 16
is operating an illegal business on the property.Dalesaid he felt it was necessary to
address the issue because Finan had mentioned the clubs being allowed in residential
zoning and that people paying for memberships, would indicate this as being more of a
business.
Morgansaid it would be beneficial if someone could provide testimony regarding the
photos provided and the history for why the shooting range looked different in the 80’s
versus what it looks like today.
Mendenhallsaid in the 1982 photo, there is nothing visible because they used an open
field for target shooting.He said they would set up their own targets while shooting, taking
them with them when they left just as they did in 1979.He said the $100 per month he
receives for the use of his property as rent from the club.He asked how people rented
their property for hunting if it is illegal to do so.
Slushersaidthere are 450 members which pay $100 per year for their membership,
equaling $45,000 each year, he asked what the money is used for.Mendenhallsaid he
has had to rebuild a retaining wall and rebuild structures due to an arson attack and there
is a continual need for replacement ofexpensive steel automatic re-setting targets,
landscaping, portalette rentals, etc.He said these are all costs to the club.
Cableasked if anyone on the Board of Directors earn asalary.Mendenhallanswered
no. Cableasked if all of the membership dues were used for club maintenance and future
improvements.Mendenhallanswered yes.
Pellasked if the property is tax deferred.Mendenhallsaid the timber is tax deferred but
the range is not.Pellasked how many acres are used for range and how many were
timber.Mendenhallsaid he did not know the answer to the question.
Vaughanasked if complaints have increased over time with more activity and more
members.Mendenhallsaid no one has ever approached him or written a letter of
complaint to him.
Vaughansaid she has seen letters of complaint.Morgansaid those letters of complaint
werefiled with the County.Vaughansaid she is new to the Board and process and
apologizedif she does not understand.She said she has concerns of the noise quality
and asked if there were sound curtains or other means to help buffer the noise from the
neighbors.Morgantold Vaughan she had an excellent question although noise, hours of
operation and other conditions cannot be considered in the decision process forthem.He
said it is hard because they do not sit as the Zoning Board of Adjustment often.He said
the appellant procedure before them is to consider whether or not to affirm or overturn
the County’s Notice of Violation of illegal business activity occurring on the property.
Finansaid he agrees with Morgan and he cannot stress enough that the focus is on a
very narrow question as to whether or not there is an illegal business operation on the
property.
Zoning Board of Adjustment MinutesJanuary 7, 2020Page 7of 16
Pell, referring to a letter submitted by a citizen, asked if there had ever been a request
for rezoning the property.Finansaid he did not know the answer to his question, although
the question is not within the scope of the hearing.Pellsaid if the property was zoned
with a Special Use, it could make a difference.Finansaid the current zoning for the
property is RA -Residential Agriculture,thecurrent Ordinance does not address shooting
ranges and under the law, it is permitted if not specifically dealt with.Dalesaid he had
seen a copy of the same letter Pell was referring to and through his research,had not
located any records of such.
Cablesaid it is hisunderstandingthat this is a non-profit club, with membership onlyand
no one outside the club is allowed to come and shoot at any time.Mendenhallanswered
yes.He said there is no advertising for memberships, if someone wanted to join they
would have to know someone within the club or stand outside the locked gate and wait to
ask someone how they could join.He said if an individual could pass RandolphCounty
background check to obtaina concealed carry permit or purchase a pistol, theywould be
considered as a member.
Cableasked if anyone was ever allowed to just show up and shoot for the day.
Mendenhallanswered no.He said it is strictly for members only.Cableasked if the
property was insured or if individuals were there on theirown liability.Mendenhallsaid
they were not insured.
Kempasked if there were any time constraints for the club regarding shooting.Finan
said there were club rules in the packet provided to the Board and Mr. Smoot would be
talking about the club rules shortly.
Pellasked if the Board had any additional questions for Mr. Mendenhall.Hearing none,
Financalled on Mr. Norbert Smoot for his testimony.
Norbert Smoot, 6277 Welborn Rd., Trinity, having previously taken oath and confirmed
by Morgan, made the following statements through questioning from Finan:
Smootsaid he is aresident of Randolph County and one of the founding members of
TASK which began in 1979and very familiar with the club’s operation since it was
established.He said in the history of the club, it has never operated on a for-profit basis
and never conducted any business or commercial activityon the property.He said there
havenever been any customers or sales on the property.He said TASK is and has always
been a non-profit club.
Smootsaid there is no advertising,website or even a phone number outside the club to
seek out new members, most members are recommendations from current members.He
said an application has to be submitted with a current concealed carry license or valid
permit to purchase a pistol, bothrequiring a thorough background check through
Randolph County, before being considered as a member.
Zoning Board of Adjustment MinutesJanuary 7, 2020Page 8of 16
Smoottold the Board the members have to pay $100 per year, per member which is
used to maintain the property, replace targets, replace gravel,build and repair shooting
benches and covered shooting areas.He said there are a lot of costs to maintain the
premisesand the membership dues are all poured back into the club, keeping it
operational.Smoot said no member or Board member has every received money from
the club,it is a safe place for people to enjoy the sportand their members are some of
the most outstanding citizens in the community.
Smootsaid there is a lock on the gate that can be accessed by club members only,the
property is in a rural area, mostly wooded and no majorsubdivisions near the property,
all of which is a perfect location for a gun range.
Finanreferred to photos within the packet of information given to the Board, asking Smoot
additional questions regarding those photos; Smootsaid the entrance of the club is
marked “No Trespassing” which would not be found at a business location.He discussed
other photos showing the amount of fencing and wooded areas along the roadwhich
prevents the general public from gaining access to the property, then he discussed of the
shooting areas, storage bldg., and large graveled parking areawhich are all paid for and
maintained by the club.He said there is no electric, sewer, telephone, water, well, or trash
service, members pick up their own trash.He said nothing can be bought on the property,
there is no profit motive for the club, no cash register, no credit cards, no gunsmith on the
property, no retail and no one can come and pay to shoot for the day.
Smoottold the Board about an arson attack that took place a couple of years ago where
someone strategically placedabout forty, gallon-size cans of gasoline in an effort to burn
the entire facility down, causing a tremendous cost for the club to repair and replace
damaged property.He then told the Board that the replacement targets alone, purchased
a few weeks ago, cost approximately $1,500 each and are small enoughto fit in the back
of the car and they have even more elaborate targets they have on site, costing much
more.
Smootsaid the members are required to repaint the targets, replace chains and s-hooks
on the hanging targets if necessarywhich is supplied by the club as well.
Smootsaid there areno employees on the premises, no office and the only enclosed
building on the property is used for extra equipment and supplies needed for maintenance
and repairs.He said there are approximately fiveshooting stations set up on the property
whichalso have to be maintained by the club.He said the club also provides lanyards for
ID’s and first aid kits at each shooting range if needed by a member.
Finansaid there are club rules,provided in Exhibit A,Tab 10, that have to be followed by
all club members.Smootsaid the rules are for safety and also require the members to
pick up their own trash and leave in same condition as found or better, there are hours of
operation included in the rules which have been modified over the years to accommodate
neighbors andthere is no alcohol allowed. He said each member is given aset of the
rules and they are posted on-site as well.
Zoning Board of Adjustment MinutesJanuary 7, 2020Page 9of 16
Smootsaid the Board of Directors make decisions for target purchases, needed
maintenance for the property, repairs and improvements to be made on the property.He
said there are annual meetings to elect officers and make any changes to the rules that
seem necessary and the Board members are not and have never been paid.
Smootstated that in the 40 year history of the property, there has never been a business
or commercial activity on the property.
Finansaid he did not have any more questioning for Mr. Smoot and asked the Board if
they had any questions.
Slusherasked who was responsible for maintaining the financial records for the club and
were the records made available to the club members.Smootsaid thetreasurer
maintains the financial records and can be given to any member upon request.Slusher
asked if financial statements were prepared.Smootsaid a check book register would be
theironly financial statement.Slusherasked if members are allowed to ask where the
money is distributed at any time.Smootanswered yes.
Cableasked who does the general maintenance.Smootsaid they have an individual
that maintains the landscape, another individual who hauls gravel to them as they need
it, companythat services the portaletteon the property and there is no garbage service.
Cableaskedhow many members were on the Board of Directors.Smootsaid there are
three.Cableasked where the annual meetings are held.Smootsaid they hold their
meetings at a restaurant most of the time because there is no business office.Cable
asked if there have been any issues with trespassing.Smootsaid he has never seen
anyone trespassing.Cableasked if there haveever been competitions held on the
property, allowing outsiders to participate.Smootanswered no.He said it isa family
oriented atmosphere and the members are thankful just to have a safe place to shoot.
Pellasked if 450 members would be the maximum number of members allowed. Smoot
said they currently have approximately 450 members.Pellasked how the arsonist had
access to the property.Smootsaid the gate was knocked down.Pellthen asked the
height of their fencing.Smootsaid he thought it was a 6 ft. fence.
Beesonasked if there are annual tax returns filed.Smootsaid he does not file a tax
return and didn’t think anything would have to be filed because there is no profit.
Daleasked if there were any filing that had to be maintained for the clubas a non-profit
501(c)(3).Smootsaid they area straight not for profit club.
Davisasked if the gun ranges have been NRA certified.Smootsaid the range may have
been certified but there are no competitions held there, the range is strictly for members.
Fred Clodfelter, 6261 Brook St., Archdale, NC, having previously taken oath and
confirmed by Morgan,said he has been a member of TASK for approximately fiveyears.
Zoning Board of Adjustment MinutesJanuary 7, 2020Page 10of 16
He said he hadbeen the president of a hunting club for the last 25 years which charges
$485 per personand all of the money collected from members wasspent for purchases
and maintenance of the club with no profit just like the TASK club.He said since the
beginning of his membership, multiple improvements have been made, including the
rebuildfrom the arson attack.Clodfeltersaid this club is very strict regarding safety and
it will be a great location to teach his grandson, when the time comes, about shooting and
safety just like he did with his own son.He said not everyone if fortunate enough to have
enough acreage to shoot in their own back yard.He said this is a club that provides a
safe place to shoot for individuals as well as families.
Pellasked if there was anyone else that would like to speak regarding the request.
G. Isaac Hoffman, 6482 Old Post Office Rd., Thomasville, having previouslytaken oath
and confirmed by Morgan, said he and several others that have lived near this property
know the gun range has not been on the property since 1979.He said the club had been
forced into the current hours of operation and the wooded areas talked about do not stop
noise.He said the gun range was originally located beside Colonial Country Club and
moved to the current location sometime around 2001.He said he wished he could afford
an attorney to represent his interests like Mr. Mendenhall.
CableaskedMr. Hoffman about the hours of operation.Hoffmansaid they were shooting
from dawn until dusk 365 days per year until changes were made and now they don’t
shoot until noon on Sundays.He also stated that he had planned to move away from the
range and was told by a real estate agent that his home would be hard to sell without
taking a loss for the property.
Cableasked Hoffman about noise.Hoffmansaid it is especially noisy when the high
caliber weapons are used.He said it sometimes sounds like a war zone on the property.
Daleasked Hoffman about a different location he had mentioned where TASK had been
located prior to this property.Hoffmansaid it used to be located at Colonial Country Club
until around 2001.
Davisasked Hoffmanwhere he lived in proximity to the range.Hoffmansaid he lived just
north of the property on Old Post Office Rd.Davisasked how long he had lived there.
Hoffmansaid he had his pottery shop located there in 1981 and moved to theproperty
himself in approximately 1987.Cablereviewed maps with Hoffmanto pinpoint location
of residence in relation to the gun range.
Pellasked Hoffman if he had stated there was no range in the 1970’s.Hoffmananswered
yes, he said it was not there until around 2001 when all the berms were built.
Morganadministered oath to Mr. Fredrick Wang.
Fredrick K. Wang, 1482 Fuller Mill Rd. N., Thomasville, said he would like to respond to
a couple of the points that were made by Smoot and Mendenhall.He said there is a
numeric combination on the gate that could easily be given out and allowanyone access
Zoning Board of Adjustment MinutesJanuary 7, 2020Page 11of 16
to the propertyso for someone to say that no one can access the property would be
inaccurate.He said there is no Board member or range officer checking ID’s,
memberships or monitoring the property, it would also be inaccurate to say there is no
business activity taking place on the property.He said he feels that it would be wise for
the Board to ask to see the books for the club.
Finanasked Wang if he was aware of any business activity that hadtaken place on the
Fuller Mill Rd. property.Wanganswered no.
Davisasked Wang where is residence is located in relation to the gun range.Wangsaid
he resides at 1482 Fuller Mill Rd. N., approximately 1/3 of a mile from the range.
Finanstated that the testimony just given by Mr. Wang had no relevance to whether or
not business is being conducted on the property.
Morganadministered oath to Bobby Garner.
Bobby Garner, 1174 Fuller Mill Rd., Trinity, said he and his wife moved to his property
in 1998 whenthe gun range was then located on Unity St.He said they relocated when
the large housing development started and although he doesnot have a problem with
people wanting to “shoot”but they have exploding targets and machine guns and there
is no sound barrier.He said hewould like some peace and quiet for his own family.He
said the club was asked for one day of silence and they have not cooperated with that.
Pellasked the Board if there were any questions for Mr. Garner.Hearing none, Morgan
administered oath to Chuck Saunders.
Chuck Saunders, said he has been a member of the club for approximately twoyears,
has been a friend of Mr. Smoot for fifteenyears and to show you how hard it is to become
a member, he had to crawl under the gate and approach an individual shooting at the
range to inquire about membershipbecause there are no advertisements for the club.
Financalled Mr. Smoot for additional questioning.He reminded Mr. Smoot that he was
still sworn.He said individuals had made statements regarding the use of the property
since 1979 and asked Smoot to describe.Smootsaid the club started in 1979with justa
few guys who got together and formed a club to shoot periodically.He saidthey provided
their own targets because there were no ranges at the time and Mr. Mendenhall allowed
them to use his property.He said there would not have been any sign of a range to the
casual observer.Hesaidas far as the aerial photos, there were no structures or shooting
lanes and the targets were in the back of their cars.He said this club has grown for 40
years and has always been located on the Fuller Mill Rd property.He said the range
located near the Colonial Country Club has nothing to do with TASK and has relocated in
the County.
Slusherasked Smoot if anyone has taught concealed carry classes at the range.Smoot
answered no.
Zoning Board of Adjustment MinutesJanuary 7, 2020Page 12of 16
Smootsaid as far as someone crawling under the gate, they couldn’t control that but they
are doing everything they can to prevent anyone other than members accessing the
property.He said the combination for the gate is also changed periodically.
Slusherasked if there were any gun sales or transactions taking place between the 450
members.Smootsaid he was unaware of any.Slushersaid there are obviously
neighbors that have seen this range evolve from a few individuals to 450 members
shooting sevendays a week, bringing in $45,000 per year revenue is not a small
organization which have caused upset neighbors.He said he is trying to decide if there
is a business because no one is on-site to monitor.Smootsaid every member is a monitor
for the club and they do monitor the facility.He said if someone is seen without even a
name tag, they will get questioned.
Slusherasked what was spent in 2018 from the $45,000 revenue collected from
members.Smootsaid he believes they went in the whole due to rebuilding from the arson
attack and some of the members donated extra funds to help with the rebuild.He said as
more members join the club, they purchase more equipment such as moving targets,
additional ranges, etc.He said the goal is to spend the money received to improve the
facility for the members.Slusherasked if there is a vision of maximum number of
members.Smootsaid they haven’t discussed that the maximum number allowed but
other than a picnic or festivity, there are probably no more than 15-20 percent of the
benches being used at any given time.He said the range is never crowded and it can be
seen from the photos he took the week prior, provided in the Board’s packet.
Slusherasked the difference in membership over the last fiveyears.Smootsaid
memberships have probably doubled because they started offering the first year’s
membership free to anyone who had successfully obtained a concealed carry permit and
was recommended fromtheir NRA certified instructor just to give them a place to shoot.
Slushersaid those members were actually solicited through the recommendation of the
concealed carry instructors.Smootsaid the instructors are members and they are entitled
to recommend members just like anyone else.
Pellasked how long the membership fee has been $100 per year, even back in the
1970’s.Smootsaid at his age, his memory is not that good but the only change he can
remember is a $99 per year fee if you sent in your own self-addressed, stamped envelope.
Cablesaid he is familiar with the range at Colonial Country Club.He asked again if the
club had been organized on the property since 1979.Smootanswered yes.He said he
knew for a fact because he was one of the individuals shooting.
Pellsaid he understood it to be said there are 450 members now and there is no problem
letting it grow to six or seven hundred members.Smootsaid he did not say that.He
doesn’t know how large they are willing to allow it togrow but they do not want to
inconvenience the current members.He said they have never actively tried to increase
the membership.
Zoning Board of Adjustment MinutesJanuary 7, 2020Page 13of 16
Slushersaid he must have misunderstood him saying before that the club asked the
concealed carry instructors to recommendpeople.Smootsaid the instructors were told
they would waive the fee for anyone who successfully completed the concealed carry
course and obtained their permit based on a recommendationfrom the instructor because
they were trying to encourage people to obtain a concealed carry license.Slushersaid
he felt that was an attempt to increase membership because it had nearly doubled in the
last 5 years.Cable and Pell agreed with Slusher’s statement.
Cableasked who determines membership approval.Smootsaid the three Board of
Director members make the decision which is made up of the Secretary, Treasurer, and
President.Cableasked if they were the only three people who made the decision.Smoot
answered yes.
Dalesaid there is documentation in the packet provided by Finan that shows the club
moving to non-profit status in 1990.He said he is trying to determine at what point the
situation went from a group of guys shooting together to actually becoming adocumented
club and questioned whether or not the club lost non-profit status when it became an LLC
(Limited Liability Corporation).Finansaid the documentation provided in the Board’s
packet shows the club was established in 1990.He said the club changed to an LLC
without council, and has recently been properly corrected to a non-profitclub.He said
the club has operated as a non-profit club from 1990 moving forward.He said all of the
evidence given,supports the only conclusion that could be reached by the Board which
is at all times TASK has operated in a manner that was for non-profitwith the benefit of
only its members and without profitability of anyone individually or as a group.
Daleasked if there was any paperwork filed as a non-profit when it became and LLC.
Finansaid he did not know the answer to that although it has always operated as a non-
profit entity.He said the evidence given shows the clubhas acted as a non-profit as far
back as 1979.He said the conclusion made by the Board should be that the organization
which has been in existence for 40 years has not providedone single dollar profit to any
of its member.
Beesonsaid without filing the proper paperwork, you could loseanon-profit status.Finan
said the debate of non-profit status is beyond the scope of what is relevant for a decision
by the Board.He said the definition of a club which is allowed under the Table of Permitted
Usesfor Randolph County is clear on being “not for profit” and not a businesswhich is
relevant for the appeal to the NOVbefore them.He said he did not feel that any evidence
had been presented to the Board that shows there is a business or even was a business
in operation at the time of the NOVwas issued.
Finansaid Mr. Mendenhall’s property is zoned RAand is shown to specifically allow
“Clubs and lodges, private, non-profit” under the Table of Permitted Useswithin the UDO,
Exhibit A,Tab 11,and the only evidence presented to the Board would conclude that this
is a non-profit club which means there is no basis for a NOV.
Zoning Board of Adjustment MinutesJanuary 7, 2020Page 14of 16
Finanthen discussed the definitions of a business and club which he included in the
packet of informationgiven to the Board.He said based on the definitions, the Board
would have to conclude that the operation on Fuller Mill property is a club and not a
businessand allowed in RAzoning.
Cablethanked Finan for all of the information given to the Board and said he knew there
had been a lot of questions that weren’t relevant but imagine trying to describe a baseball
th
game and showing up in the 8inning.He said the Board needed the answers to some
of the questions.
Finanagreed with Cable and said he was certainly happy to provide answers to any other
questions from the Board.He said the evidence is clear and can lead to only one
conclusion.He said on behalf of his client, he would ask the Board to dismiss both the
Notice of Violation and the Citationin their entiretyand thanked the Board.
Pellasked if there were any additional questions from the Board.Hearing none, Pell
closed the public hearing for discussion among the Board members or a motion.
Dalesaid he would like to remind the Board that the intension of the Ordinance did not
include gun ranges as a non-profit, private club and was supported by the Board on
another pending case which has now landed them in court for quite a while.He said
memberships are sold which generate $45,000 per year which is why Code Enforcement
Officers took the action that was taken.
Cablesaid Code Enforcement officers have a very hard job enforcing complaints
throughout the County.He said the references to the gun range on Hwy 64 had been
mentioned in comparison and the distinguishing questions he had asked are the same as
he asked theother range as well which were is it private, exclusive, the difference was it
was opened to the public by the owner’s admission.He said the sworn, truthfultestimony
is what the Board has available to make their decisions.He said the hours of operation
and even on Sunday, local residents don’t feel they have a day of rest.He said the
picturestakenwereduring the week and it is used more on the weekends.He said he
feels it fits the private definitionbecause of the testimony made to overspend to rebuild
things.He said the Board has to base decisions on the testimony given.
Cablesaid the club is practically in his back yard and he thinks there is considerable
differences when the operation is used for a specific group rather than open to the public
and feels it meets the criteria to be “private”.Cable said he would be willing to listen to
other Board members but he is leaning towards overturning the Notice of Violation and
Citation.
Slushersaidit is difficult to sit in the Board’s position.He said the Board normally
determines Zoning or Special Use issues rather than trying to determine whether or not
an illegal business is being operated based on complaints from neighbors who are
obviously unhappy.If it was 100 people shooting a couple times per month rather than
450 people shooting up to sevendays a week, there may not be a problem.He said the
Zoning Board of Adjustment MinutesJanuary 7, 2020Page 15of 16
Board is not there to determine a Zoning issue and he agrees with Cable in regards to
the definition of “private”.
Kempsaid with the testimony provided, he would have to agree that the operation is a
private club.
Joycesaid he agrees with the others.
Cablemade the motion to overturnthe Order, Requirement, Decision or Determination
made by Zoning Administrator or Code Enforcement Officer on the specified parcel(s) on
the Appeal application, based upon the sworn witness testimony that is included in the
Zoning Board of Adjustment agenda, as well as all written documentation, site plans as
may be amended, incorporated into the motion, to be included in the minutes. The
Requirement, Decision or Determination made by Zoning Administrator or Code
Enforcement Officer is not valid nor reasonable.Joycemade a second to the motion to
overturnthe Order, Requirement, Decision or Determination made by Zoning
Administrator or Code Enforcement Officer on the specified parcel(s) on the Appeal
application.
Pellcalled the question on the motion to overturnthe Order, Requirement, Decision or
Determination made by Zoning Administrator or Code Enforcement Officer on the
specified parcel(s) on the Appeal applicationand the motion was adopted unanimously.
Morgansaid he was proud of everyone’s action throughout the night, thanked everyone
for their attendance and asked for the Club members to be mindful with respect tothe
neighbors.
Having no further business, Pellcalled for a motion to adjourn the meeting.Cablemade
the motion to adjourn with Slushermaking the second to the motion.
Pellcalled the question on the motion to adjourn and the motion was adopted
unanimously.
The meeting adjourned at 8:41 p.m. with 180 citizens present.
RANDOLPH COUNTY
NORTH CAROLINA
_______________________________
Planning Director
______________________________________________________________
Clerk to the BoardDate
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