HomeMy WebLinkAbout04Minutes15 SignedMINUTES
HARNETT COUNTY BOARD OF ADJUSTMENT
County Administration Building
102 East Front Street, Lillington, NC
April 13, 2015 6:30 PM
PUBLIC HEARING
Board Members Present: Scott Tripp, Chairman; Rick Foster, Vice Chairman; Mary Jane
Bartlett and Alternates Robert Doberstein, Richard Cruickshank and Donald Harrop. Planning
Staff Present: Landon Chandler, Senior Planner, Matt Talbott, Planner I and Teresa Byrd,
Planner I /Recording Secretary.
Chairman Scott Tripp gave the Invocation and led the Pledge of Allegiance.
All witnesses were sworn in.
Conditional Use
BA- CU- 08 -15. Weathers, Gary J / Oakley, Kevin C. A Personal Service Establishment in
an RA -30 Zoning District; Buckhorn Township; Pin # 0635 -97- 1817.000; SR # 1409
(Oakridge Duncan Road). Matt Talbott gave the site analysis and Kevin Oakley represented
the application. Chairman Tripp asked the requirements of the parking lot and Matt Talbott
stated one parking space per three hundred square feet. Chairman Tripp asked if it had to be
asphalt and Landon Chandler stated it depended on the number of days opened. Mr.
Chandler stated if it was more than five days a week, it would have to be asphalt. Rick
Foster asked about the buffering and Matt Talbott stated it would be A & D buffering and
read out of the Harnett County Unified Development Ordinance as to what that was. Mary
Jane Bartlett asked if the houses across the street were vacant or occupied and Matt Talbott
stated occupied. Chairman Scott Tripp asked the applicant if he could enter his application
into the record as submitted and Mr. Oakley stated yes. Chairman Tripp asked what he was
asking of the board and Mr. Oakley stated to put a business on the property. Mr. Oakley
stated it was sixteen acres with a pond and eventually they would be putting their personal
homes there as well. Chairman Tripp asked how it would impact the surrounding area and
Mr. Oakley stated it would not, that it would be a nine to five business and would serve
customers on a 24/7 basis. Mr. Oakley stated they would have on call vans with the
appropriate equipment and the employee would go from home to the site. Chairman Tripp
asked if he had any other information and to tell them about the business. Mr. Oakley then
presented a brochure to the board which became Exhibit A. Mr. Oakley stated that his
business was like a Sery Pro, which they rescue properties with lite damage from water, fire,
mold, etc. Mr. Oakley stated it was a private business and they were considered specialty
contractors. Chairman Tripp asked why here on this property and Mr. Oakley stated that it
was a beautiful location and hopes to make it a family estate. Chairman Tripp asked if he
was moving from another county or town and Mr. Oakley stated he was in Fuquay -Varina
right now and had eighteen months left on his lease. Mr. Oakley stated he wanted to own
his own property, but needs the room to grow. Chairman Tripp asked him to describe the
commercial structure and Mr. Oakley stated there will be a pitch on front, building made of
steel, a few window, stone on front, parking in rear and maybe one or two on the side. Mr.
Oakley stated that people do not come to them, that they go to the people and they wanted to
make it look pleasant. Chairman Tripp asked about the traffic impact and Mr. Oakley stated
they will start at 8:00 a.m. Chairman Tripp asked how many employees and Mr. Oakley
stated 6 employees with five trucks and a couple of small vans. Mr. Oakley stated they will
come in and prepare to go out to do jobs, come back in the afternoon and get ready for next
day. Rick Foster asked if there would be retail and Mr. Oakley stated there would be no
retail, no dump trucks, but maybe a dumpster that would be picked up once a month. Rick
Foster asked if it would be garbage from job site and Mr. Oakley stated yes. Mr. Foster
asked about hazard material such as black mold and Mr. Oakley stated that black mold once
out of the building is in its natural state and is no longer a hazard. Rick Foster asked about
asbestos abatement and Mr. Oakley stated they did not do asbestos and if they ran into it
they would subcontract it out. Mr. Oakley stated it would not come back to the facility.
Rick Foster asked about the lighting and Mr. Oakley stated there would be lighting up to
garage door, but it would be minimal. Rick Foster asked if it would fit into a residential
area and Mr. Oakley stated there would be no frontal parking, lighting would be on the side
and in back. Mary Jane Bartlett asked about lead material and Mr. Oakley stated they do
not do lead abatement either. Mary Jane Bartlett asked about chemical storage and Mr.
Oakley stated they would store a little stronger detergent and disinfectant, than what you
buy over the counter and they use green products as well. Mary Jane Bartlett asked if they
store materials and Mr. Oakley stated they have some five gallon containers of the cleaners.
Mary Jane Bartlett asked if they had outside storage and Mr. Oakley stated no. Mary Jane
Bartlett asked if he had any equipment and Mr. Oakley stated none other than the vehicles.
Mary Jane Bartlett asked if there would be a fenced in yard and Mr. Oakley stated yes.
Mary Jane asked what his expectant growth would be and Mr. Oakley stated it was a low
manpowered business and it was really a rental business. Mr. Oakley stated they do
insurance claims also. Mr. Oakley stated they do sizeable jobs with very few people, they
subcontract some jobs, they don't paint, no cabinet making and maybe add three to four
employees if they grow. Mary Jane asked about signage and Mr. Oakley stated whatever is
needed to fine location, maybe a low key monument sign. Mr. Oakley stated he uses media
and internet to advertise. Chairman Scott Tripp asked if there was any other commercial
property he was looking at and Mr. Oakley stated no, he liked this property and he wanted
to make life as convenient as possible. Mr. Oakley stated he wanted it nice too, because he
was going to live there.
Ronald Tutor Jr. came forth in opposition and presented photos, documents, maps which
became Exhibit B of the record. Mr. Tutor showed the board where he lived in relation to
this request. Mr. Tutor went on to say that it was family land for seventy five years and
went on to tell the history of the land. Mr. Tutor stated he respected Mr. Oakley for wanting
to do a business, but thought that a 10,000 square foot building/warehouse with parking was
a bit much for a residential area. Mr. Tutor then presented a site map, which became
Exhibit C of the record. Mr. Tutor stated there was vacant land in the industrial park one
half mile from this site. Mr. Tutor felt it was an industrial development and went on to tell
how Clayton, Raleigh and Cary classified this type of business. Mr. Tutor went on with his
concerns about the pond, traffic, driveways and buffering. Mr. Tutor stated he had three
small children and he did not want the added traffic.
Kathy Tutor came forth in opposition and stated there was less than sixty days left of the
construction process of their new home. Mrs. Tutor stated that what was being requested
did not fit the area and had concerns with traffic. Mrs. Tutor stated she had three kids and
the oldest was only three years of age. She did not want the traffic and did not understand
why it would be allowed when the industrial park was .04 miles down the road. Mrs. Tutor
stated if approved it would be the only commercial property on this road, except for a small
church. Mrs. Tutor stated it did not fit in and they would have never built their home next to
a 10,000 square foot warehouse.
Sharon Tutor came forth and stated that Ron Tutor was her nephew. Ms. Tutor stated she
had lived here for twenty years and there were great memories, family oriented with a sense
of neighborhood. Mrs. Tutor stated she had neighbors and not commercial businesses. Mrs.
Tutor felt it would diminish property value, it would not be a safe environment and the
whole community will cease to exist. Mrs. Tutor requested that it would not be approved.
Karen Tutor, sister to Sharon came forth in opposition. Mrs. Tutor stated her father passed
away nine years ago and some of this property had been in the family for five generations
and over seventy years. Mrs. Tutor stated they their goal for the property would be to sale
later or maybe even build a home on it. Mrs. Tutor stressed her concern on decrease in
property value. Mrs. Tutor also spoke on behalf of Gene and Winfred Tutor. Mrs. Tutor
stated they were senior citizens and their concerns were additional traffic, ground water
contamination, house difficult to sale and it becoming a financial burden to prevent them
from getting the care they needed.
Tyrone Peacock came forth and was sworn in. Mr. Peacock stated he had purchased a house
two blocks from this request. Mr. Peacock stated his concerns about traffic, crime scene
cleanups, blood borne pathogens and if his staff was trained in this type of stuff.
Kimberly Fulcher came forth in opposition and had concerns about school bus safety and
her elementary age children getting on and off the bus in front of this property.
Edward Adams came forth in opposition. Mr. Adams stated he had lived there for twenty
seven years and it was a residential road. Mr. Adams had concerns of decrease in property
values, because a big warehouse was not a selling point.
Chairman Scott Tripp asked the applicant back to the podium to address the concerns of his
neighbors. Mr. Oakley went on to say that it will be a nice facility and the driveway does
not have to be where proposed, that it could be put on the other side, he could fill the pond
in, his staff was trained and certified in blood borne pathogens. Mr. Oakley stated he does
maybe one hundred jobs a year, maybe two hundred if the business was to grow and one
percent would be crime scene cleanup.
Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Tripp
stated he understood a personal service establishment and there was a need for those, but a
10,000 square foot building would heavily impact the area and did not think it was the right
place for this request. Rick Foster stated he felt a personal services establishment was a
much smaller scale like a beauty salon. Mr. Foster felt the scale of the business was the
issue and did not feel this was the right place either. Mary Jane Bartlett agreed with the
scale issue, public having an issue with it and with real estate background it would impact
the area. Richard Cruickshank had concerns with size issue as well.
The checklist was completed and Rick Foster made a motion to deny the request due to not
being in general conformance and harmony with area. Richard Cruickshank seconded the
motion and there was a unanimous vote to deny.
2. BA- CU- 09 -15. South River EMC. An Electrical Substation in an RA -20R Zoning District;
Stewart's Creek Township; Pin # 0547 -65- 3833.000; SR # 2036 (Thompson Road). Before
the case was started, Chairman Scott Tripp had to recuse himself from the case, due to
conflict of interest. Rick Foster, Vice Chairman moved over the chair the case, while
Alternate Donald Harrop came forth and filled the vacancy. Landon Chandler gave the site
analysis and Chuck Richardson represented the application. Richard Cruickshank asked if
there was any residential development near the site and Landon Chandler stated that there
was some there to the south and southeast, but very sparsely populated. Vice Chairman
Foster asked if he could enter the application into the record and Chuck Richardson stated
yes. Vice Chairman Foster asked what he was requesting and Mr. Richardson stated a
substation to establish a stronger system and to maintain continuing power in the area. Mr.
Richardson felt this was an excellent location to feed other areas and it was planned several
years in advance. Vice Chairman Foster asked how it would impact the surrounding area
and Mr. Richardson stated they would supply a transmission feed to the substation, they
would purchase the right of way, wider easement and that would be the only impact to the
area. Vice Chairman Foster asked why they should grant the request and Mr. Richardson
stated it would provide capability to maintain an uninterrupted service. Vice Chairman
Foster asked if he had any other information and Mr. Richardson stated no. Vice Chairman
Foster asked if this proposed substation was similar to others across the county and Mr.
Richardson stated yes, it was standard rural substation. Vice Chairman Foster asked if the
solar plants would feed into the substation and Mr. Richardson stated no. Mary Jane
Bartlett asked if they would allow to receive from solar and Mr. Richardson stated yes.
Mary Jane Bartlett asked about the vertical impact and Mr. Richardson stated twenty five to
thirty feet with lighting rod. Richard Cruickshank asked if existing power was close by and
Mr. Richardson stated that was the advantages of having it in this location. Rick Foster
asked about the ongoing traffic and Mr. Richardson stated they would inspect the substation
two times a week and as long as it stays on line there is no reason to be there. There was no
opposition.
Scott Tripp came forth in favor and works with South River. Mr. Tripp stated that the
western part of the county has had a lot of growth and with growth there needs to be more
infrastructure. Mr. Tripp went on to say that these things are planned way in advance and if
they wait until they need it, it would be way too late. Mr. Tripp stated it was public
necessity, if not approved there will be no room for growth. Mary Jane Bartlett asked if it
was by Hanson expansion and Mr. Tripp stated yes. Mary Jane asked if there were any
issues with respect to Hanson and Mr. Tripp stated no, but it was a big service area.
Vice Chairman Rick Foster closed the public hearing and had board discussions. Mr. Foster
stated the request was a public necessity and it made sense. Richard Cruickshank stated that
people know this type of request are going to happen and he thought it was appropriate.
The checklist was completed and Mary Jane Bartlett made a motion to approve the request
with no conditions. Donald Harrop seconded the motion and there was unanimous vote.
Vice Chairman Rick Foster then turned the meeting back over to Chairman Scott Tripp.
The minutes for the March 2015 meeting were presented for approval. Rick Foster made a
motion to approve as written. Robert Doberstein seconded the motion and there was a
unanimous vote.
Landon Chandler and board members thanked Mary Jane Bartlett for her time of service on
the Board of Adjustment for this was her last meeting.
There was no other business and the meeting was adjourned at 9:00 p.m.
A C �' I /�Ya
JR�t- Tripp, Chaiflran Tere Byrd, Record g Secretary
Rick Foster, Vice Chairman
Landon Chandler, Senior Planner Date