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04AprilBOARANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT AGENDA APRIL 5, 2022 Call To Order Of The Randolph County Zoning Board Of Adjustment Roll Call Of The Board Members ¡Reid Pell, Chair; ¡Wayne Joyce, Vice-Chair; ¡John Cable; ¡Keith Slusher; ¡Kemp Davis; ¡Melinda Vaughan; ¡Reggie Beeson; ¡Barry Bunting, Alternate; and ¡Brandon Hicks, Alternate. Consent Agenda ¡Approval of agenda for the April 5, 2022, Zoning Board of Adjustment meeting. Conflict Of Interest ¡Are there any Conflicts of Interest or ex parte communications that should be disclosed? ¡If there is a Conflict of Interest, the Board must vote to allow the member with the Conflict of Interest to not participate in the hearing of the specific case where the Conflict of Interest has been identified. Old Business New Business. VARIANCE REQUEST #2022-00000591 The Randolph County Zoning Board of Adjustment will hold a Quasi-judicial Hearing in the Variance requested by DENNIS N BAGGETT, Archdale, NC, to use the property located on Village Dr across from Riverview Dr, Trinity Township, TAX ID# 7726581104, 6.14 acres, RR - Residential Restricted District, in a way not permissible under the literal terms of the Randolph County Unified Development Ordinance. It is the desire of the applicant to obtain a Variance to specifically allow a 24 ft. front setback from the right-of-way in lieu of the required 35 ft. front setback from the right- of-way as per the site plan. ¡Arguments for Granting the Request ¡Argument for Denying this Request ¡Board Discussion based upon Findings of Fact ¡Order of the Randolph County Zoning Board of Adjustment Variances must have 4/5 majority to approve a variance request. BAGGETT.PDF Adjournment. http://www.randolphcountync.gov 1. 2. 3. 4. 5. 6. 6.I. Documents: 7. RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENTAGENDAAPRIL 5, 2022Call To Order Of The Randolph County Zoning Board Of AdjustmentRoll Call Of The Board Members¡Reid Pell, Chair; ¡Wayne Joyce, Vice-Chair; ¡John Cable; ¡Keith Slusher; ¡Kemp Davis; ¡Melinda Vaughan; ¡Reggie Beeson; ¡Barry Bunting, Alternate; and ¡Brandon Hicks, Alternate.Consent Agenda¡Approval of agenda for the April 5, 2022, Zoning Board of Adjustment meeting.Conflict Of Interest¡Are there any Conflicts of Interest or ex parte communications that should be disclosed? ¡If there is a Conflict of Interest, the Board must vote to allow the member with the Conflict of Interest to not participate in the hearing of the specific case where the Conflict of Interest has been identified.Old BusinessNew Business.VARIANCE REQUEST #2022-00000591The Randolph County Zoning Board of Adjustment will hold a Quasi-judicial Hearing in the Variance requested by DENNIS N BAGGETT, Archdale, NC, to use the property located on Village Dr across from Riverview Dr, Trinity Township, TAX ID# 7726581104, 6.14 acres, RR - Residential Restricted District, in a way not permissible under the literal terms of the Randolph County Unified Development Ordinance. It is the desire of the applicant to obtain a Variance to specifically allow a 24 ft. front setback from the right-of-way in lieu of the required 35 ft. front setback from the right-of-way as per the site plan. ¡Arguments for Granting the Request ¡Argument for Denying this Request ¡Board Discussion based upon Findings of Fact ¡Order of the Randolph County Zoning Board of Adjustment Variances must have 4/5 majority to approve a variance request. BAGGETT.PDF Adjournment. http://www.randolphcountync.gov 1.2.3.4.5.6.6.I. Documents: 7. April Request Location Map 0 2 4 6 81 Miles Archdale Trinity Randleman Asheboro Seagrove Liberty Staley Ramseur Franklinville /0j2 ?v!"c$ KÃ !"`$ I¤I¤!"`$ KÈ ?k ?ø ?ø ?k ?i ?Å ?Ú ?Ä ?ç ?d ?ø ?ø?d !"a$ !"a$ !"`$ !"a$ Legend Roads Reservoirs County line Municipal Zoning Baggett CASE SUMMARY FOR VARIANCE REQUEST #2022-00000591 The Randolph County Zoning Board of Adjustment will hold a Quasi-judicial Hearing on the Variance requested by DENNIS N BAGGETT, Archdale, NC, to use the property located on Village Dr across from Riverview Dr, Trinity Township, Tax ID #7726581104, 6.14 acres, RR - Residential Restricted. in a way not permissible under the literal terms of the Randolph County Unified Ordinance. It is the desire of the applicant to obtain a Variance to specifically allow a 24 ft. front setback from the right-of-way in lieu of the required 35 ft. front setback from the right-of-way as per the site plan. ALL WITNESSES FOR VARIANCES MUST BE SWORN IN BEFORE GIVING TESTIMONY. Baggett Request Location Map CREEKVIEW DR PINEVIEWDRRIVERV I E W C T WOOD VILLAGE DR JILL DREMERALD CTBEECH CIR VILLAGEDR KYNWOOD DR RADIANT PATHCOLONYLNRIVERVIEWDRLAURENTAYLORDRCEDAR XINGOAKVIEWDR1 inch equals 400 feet Archdale Directions to site: 1004 N - (R) Village Dr - Site on (L) across from Riverview Dr. ZONING INFORMATION: Zoning District 1: RR-RESIDENTIAL RESTRICTED DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: NONE Class A Flood Plain On Prop?: YES 3710772600JFlood Plane Map #: Total Permit Fee: $0.00 COMMENTS: 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. VARIANCE REQUESTED: TO ALLOW A 24 FT. FRONT SETBACK FROM THE RIGHT-OF-WAY IN LIEU OF THE REQUIRED 35 FT. FRONT SETBACK FROM THE RIGHT-OF- WAY AS PER THE SITE PLAN. PARCEL INFORMATION: Acreage: Township:6.1400 19 - TRINITY Subdivsion: Lot number: Signature of Applicant: Eric Martin Authorized County Official Applicant: BAGGETT, DENNIS N CO TRUSTEE (BAGGETT, RHONDA) City, St. Zip: ARCHDALE, NC 27263 Address: 162 APOLLO CIR. Owner: BAGGETT, DENNIS N CO TRSUTEE Address: 162 APOLLO CIR City, St. Zip: ARCHDALE, NC 27263 Permit #: 2022-00000591 Parcel #: 7726581104 Date: 02/25/2022 Location Address: Permit Type Code: PZ 4 CONTACT NAME:BAGGETT, DENNIS Contact Phone:336 906-1279 REQUEST FOR VARIANCE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 REQUEST FOR VARIANCE Baggett Variance Request !( !( !( !( !( !( !( !(!( !( !( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(Car awayCr e ek RIVERV I E W C T JILL DR WOOD VILLAGE DREMERALD CTBEECH CIRPINEVIEW DRRADIANT PATHKYNWOOD DR COLONYLNRIVERVIEWDRLAURENTAYLORDRCREEKVIEW DR CEDAR XINGVILLAGEDR OAKVIEW DR1 inch equals 400 feet Request location Diamonds Keep S/D Kynwood Village S/D Kynwood Village S/D Legend Parcels Structures Type !(Permanent Structure !(Miscellaneous Structures Roads WaterBodies Streams 50 ft. Stream buffer Flood plains City of Archdale County zoning Districts RR Baggett Variance Request Cara w a y C reekCEDAR XINGOAKVIEW DRCOLONYLNRIVERVIEWDRVILL A G E D R 1 inch equals 200 feet Legend Parcels Roads WaterBodies Streams 50 ft. Stream buffer Flood plains City of Archdale Baggett Variance Request Picture 1: Request location. Picture 2: Request location. Picture 3: Request location. Picture 4: Adjacent residence. Picture 5: Adjacent residence. Picture 6: Adjacent residence. COUNTY OF RANDOLPH ORDER GRANTING A VARIANCE IN THE MATTER OF THE APPLICATION FOR A VARIANCE BY DENNIS N BAGGETT VARIANCE REQUEST #2022-00000591 NORTH CAROLINA RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT The Randolph County Zoning Board of Adjustment, having held a public hearing on April 5, 2022, to consider application number 2022-00000591, submitted by DENNIS N BAGGETT, a request for a Variance to use the property located on Village Dr across from Riverview Dr in a manner not permitted under the literal terms of the Randolph County Unified Development Ordinance, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The Board concludes that, if the applicant complies with the literal terms of the Randolph County Unified Development Ordinance, specifically section(s), 630: Dimensional Requirements and Table of Area and Yard Requirements, he cannot secure a reasonable return from, or make reasonable use of, his property. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 2. The Board concludes that the hardship of which the applicant complains results from unique circumstances related to the applicant’s land. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 3. The Board concludes that the hardship is not the result of the applicant’s own actions. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 4. The Board concludes that, if granted, the Variance will be in harmony with the general purpose and intent of the Randolph County Unified Development Ordinance and will preserve its spirit. This conclusion is based on all of the FINDINGS OF FACT listed above, as well as the following: Click here to enter findings of fact. 5. The Board concludes that, if granted, the Variance will secure the public safety and welfare and will do substantial justice. This conclusion is based on all of the FINDINGS OF FACT listed above, as well as the following: Click here to enter findings of fact. THEREFORE, based on the foregoing, IT IS ORDERED that the application for a VARIANCE be Choose the decision., subject to the following conditions: Click here to enter conditions. Adopted on April 5, 2022. _____________________________________ Chair, Randolph County Zoning Board of Adjustment ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Zoning Board of Adjustment MOTION TO APPROVE A VARIANCE NORTH CAROLINA RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT “I make the motion to APPROVE the variance from the Randolph County Unified Development Ordinance on 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 spirit, purpose, and intent of the Ordinance such that public safety will be 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. MOTION TO DENY A VARIANCE NORTH CAROLINA RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT “I make the motion to DENY the variance from the Randolph County Unified Development Ordinance on 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, or that unnecessary hardship would not result from the strict application of the Ordinance, or that the hardship does not result from conditions that are peculiar to the property, or that the hardship was a result from actions taken by the applicant or the requested variance is not consistent with the spirit, purpose and intent of the Ordinance such that public safety will not be 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.