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HomeMy WebLinkAbout08Minutes13MINUTES HARNETT COUNTY BOARD OF ADJUSTMENT County Administration Building 102 East Front Street, Lillington, NC August 12, 2013 6:30 PM PUBLIC HEARING Board Members Present: Scott Tripp, Chairman; Andrew Ruhland, Mary Jane Bartlett, Alternate Robert Doberstein and Don Harrop. Planning Staff Present: Landon Chandler, Planner II, Matt Talbott, Planner I; Randy Baker, Senior Zoning Inspector and Teresa Byrd, Planner I and Recording Secretary. Chairman Scott Tripp gave the Invocation and Pledge of Allegiance. All witnesses were sworn in. Conditional Use 1. BA- CU- 27 -13. Hasapis, Angelo & Kelley / American Towers, LLC c/o Thomas H Johnson, Jr., Nexsen Pruet, PLLC. A Telecommunications Tower in an RA -20R Zoning District; Anderson Creek Township; PIN # 0506 -40- 0522.000; Off SR # 1117 (Nursery Road off Cypress Drive on Palmetto Drive). Landon Chandler stated that there was a point of issue with the agenda and requested that the BA- CU -27 -13 be moved to the front of the agenda. Mr. Chandler stated that the applicant had requested for it to be tabled until the September 9, 2013 meeting, due to some issues that needed to be worked out. Andrew Ruhland made a motion to table until the September meeting. Robert Doberstein seconded the motion and there was a unanimous vote. 2. BA- CU- 24 -13. Collins, Bobby O, Sr. A Singlewide Manufactured Home in an RA- 30 Zoning District; Upper Little River Township; PIN # 0630 -49- 7213.000; SR # 1258 (Joe Collins Road). Matt Talbott gave the site analysis and Bobby Collins represented the application. Chairman Scott Tripp asked if he could submit the application into the record and Bobby Collins stated yes. Chairman Scott Tripp asked what he was asking of the board and Bobby Collins stated to put a singlewide on his property. Chairman Scott Tripp asked how it would impact the surrounding community and Bobby Collins stated there were mobile home parks all around this property and he did not think it would have a negative impact. Chairman Scott Tripp asked if he had purchased the manufactured home yet and Bobby Collins stated no that it is sitting in a mobile home park. Chairman Scott Tripp asked if he knew anything about the home and Bobby Collins stated no only that it was seventy foot long. Chairman Scott Tripp asked if he knew what year model it was and Bobby Collins stated no, that he was going to rent the lot to someone. Don Harrop asked if he had ever seen the home and Bobby Collins stated no. Don Harrop asked who owned the house next to the road and Mr. Collins stated it was his father's and he had a thirty foot easement. Don Harrop asked if the easement was on the left or right side and Mr. Collins stated it was next to the mobile home park. Don Harrop asked how long the mobile home park had been there and Mr. Collins stated before 1998. There was no opposition. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Tripp stated he normally is not in favor of rental property, but it is center between two mobile home parks and he did not see an issue with it. Robert Doberstein and Andrew Ruhland agreed. Chairman Scott Tripp stated that the county will make sure it meets all the guidelines. The checklist was completed and Andrew Ruhland made a motion to approve the request with no conditions. Robert Doberstein seconded the motion and there was a unanimous vote. 3. BA- CU- 25 -13. Tahilramani, Justin & Jessica. A Dog Kennel in an RA -20R Zoning District; Anderson Creek Township; PIN # 0526 -40- 7277.000; SR 1125 (Lemuel Black Road). Matt Talbott gave the site analysis and Justin and Jessica Tahilramani represented the application. Mary Jane Bartlett asked what noise restrictions were on dog kennels and Randy Baker, Senior Zoning Inspector stated that the noise has to meet a certain decibel requirement and the Harnett County Sherriff's department has a new noise ordinance will take care of the noise. Chairman Scott Tripp asked if the new ordinance was recently adopted and Randy Baker yes and they would have to adhere to the ordinance. Mr. Baker stated they would have to meet the acceptable decibel limits. Mary Jane Bartlett asked if he had heard of any problems and Randy Baker stated with outdoor kennels, but not indoor kennels. Don Harrop asked if there was a difference in breeding and boarding and Landon Chandler stated that commercial breeding is not identified and the Unified Development Ordinance does not address it. Mr. Chandler stated the use is what is being looked at and that the board could make it a condition if they choose should the application be approved not to breed. Andrew Ruhland stated the ordinance is vague and Landon Chandler stated there is no use regulation in kenneling, but do offer vet services. Robert Doberstein asked if there would be a septic tank and Landon Chandler stated it would have to be evaluated and a new soils report done. Mr. Chandler stated there would have to be a new tank, because Environmental Health would not allow it to be hooked onto the existing tank. Chairman Scott Tripp asked who governs this type of business and Landon Chandler stated the USDA, which is a state agency. Chairman Scott Tripp asked how often they inspect the facility and Landon Chandler stated every two years. Chairman Scott Tripp asked if he could submit the application into the record and Justin Tahilramani stated yes. Chairman Scott Tripp asked what were they asking of this board and Jessica Tahilramani stated to operate a dog kennel. Chairman Scott Tripp asked how it would impact the surrounding properties and Jessica Tahilramani stated there was no residence within 300 feet. Mrs. Tahilramani stated that the dogs would be inside the building. Chairman Scott Tripp asked if they had any experience with type of business and Jessica Tahilramani stated no. Chairman Scott Tripp asked what made them want to do this type of business and Mrs. Tahilramani stated it was a personal passion and that there were not many dog kennels or boarding facilities in their community. Mrs. Tahilramani stated they were military and they wanted to do it for people in the military that have no place to leave their dogs or cats when they deploy. Andrew Ruhland asked what was the closest boarding facility and Mrs. Tahilramani stated there was one down Hwy 210 South, one seventeen miles northwest and there was a facility in Sanford. Andrew Ruhland asked if people had shown an interest and Justin Tahilramani stated there was a large need for a safe pet facility. Andrew Ruhland stated the closest neighbor is 350 feet and Justin Tahilramani stated yes that they had four acres and their kennel would be in the rear of their property behind their house. Andrew Ruhland asked about traffic control and if they had asked for another easement or driveway from the Department of Transportation and Justin Tahilramani stated yes on the right hand side of the property. Andrew Ruhland asked what the maximum kennels they would have and Jessica Tahilramani stated 21 dog kennels. Justin Tahilramani stated they would all be indoor kennels. Andrew Ruhland asked if it would be dogs and cats only and the Tahilramani's stated yes. Andrew Ruhland asked if they would be licensed and Jessica Tahilramani stated yes. Andrew Ruhland asked the hours of operation and Jessica Tahilramani stated 8:00 a.m. to 5:00 p.m. Monday through Sunday. Andrew Ruhland asked what the maximum length of stay would a pet be allowed and Jessica Tahilramani stated she did not want to limit the time because of the military. Mrs. Tahilramani stated that sometimes soldiers can be deployed 3, 6 or 9 months at a time. Andrew Ruhland asked if they had talked with neighbors at all and the Tahilramani stated no. Robert Doberstein asked if they would have air condition and heat in the building and the Tahilramani stated yes. Robert Doberstein asked about the septic tank and Justin Tahilramani stated there has to be a specific septic tank for the business. Chairman Scott Tripp asked how they would keep the kennel clean and if they would spray, use a catch basin and then it go in the septic and the Tahilramani stated yes. Don Harrop asked what was behind their house and the Tahilramani stated agricultural land. Don Harrop asked how many employees would they have and Jessica Tahilramani stated two to start out with and could be as many as five. Justin Tahilramani stated they had no intentions of breeding. Steven West came forth not in opposition, but with questions. Mr. West expressed concerns about the noise, traffic, new driveway that will run right beside of his house and the odor that will come from this business. Mr. West stated he had lived there for thirty years and they had only lived there three to four months. Mr. West stated he believed that you should do with your land what you want, but had concerns about all the unknown factors. Mr. West stated he just did not feel good about it. Chairman Scott Tripp asked if there was anything he wanted to see the board do that would alleviate his concerns and Mr. West stated put up trees to help screen the noise, odor and traffic. Mary Jane Bartlett had questions for staff and Landon Chandler came back to the podium. Mary Jane Bartlett asked how far the facility would be from Mr. West property 200 feet and Landon Chandler stated yes. Mary Jane Bartlett asked about the buffering options and Landon Chandler stated four acres the entire property would have to be buffered with A & D buffer, privacy fence, etc. Scott Tripp asked if they could use existing vegetation and Landon Chandler stated yes, if there is any on site. Mary Jane Bartlett asked what the decibel level for a kennel was and Randy Baker stated that the vegetation will offer as a sound barrier, enclosed building will help as well, but only 65 decibel will be allowed to escape. Mary Jane Bartlett asked if that is done as part of review and Randy Baker stated yes, it would have to be verified. Andrew Ruhland asked if the land would have to be subdivided and Landon Chandler stated yes. Chairman Scott Tripp then asked the applicants back to the podium. Chairman Scott Tripp asked if they had heard the concerns of their neighbors and the Tahilramani stated yes and they wanted to be good neighbors. Jessica Tahilramani stated that they didn't want the smell either, because they would be living there. Justin Tahilramani stated they would push it to the left corner, but where they showed was the longest area of their property, but they were open to any suggestions. Chairman Scott Tripp asked if they were ok with subdividing and a condition that they are no closer to Mr. West home than what is shown on site plan and the Tahilramani stated yes. Justin Tahilramani stated they purchased the house and acreage for a reason, but he understood the concerns and would be willing to work with them. Don Harrop stated the site plan stated zero feet and Mr. Tahilramani explained his measurement in that he would be 150 feet from Mr. West property. Chairman Scott Tripp then closed the public hearing and had board discussions. Andrew Ruhland stated he thought it was a needed service for the area and they want to be good neighbors. Chairman Scott Tripp agreed, but stated he would like to see a condition that he be no closer than stated on site plan. Chairman Scott Tripp stated he would like to see a condition that it be indoor only, with no expansion to outdoor. Andrew Ruhland stated they needed outdoor to stretch, but kennels be indoors only. Andrew Ruhland had a question about the signage. Chairman Scott Tripp then opened the public hearing and asked applicants to come to podium. Chairman Scott Tripp asked if there would be any signage and the Tahilramani stated yes, a basic 4 foot x 4 foot sign. Chairman Scott Tripp then closed the public hearing again. Don Harrop stated he would like to see additional buffering and Chairman Tripp stated he would be opened especially on Mr. West side of the property. The checklist was completed and Andrew Ruhland made a motion to approve the request with the following conditions, that it be an indoor kennel only; buffering be utilized per the Unified Development Ordinance for Veterinary Services; Hours of Operation be from 8:00 a.m. to 6:00 p.m. Monday through Sunday and the proposed facility not be located any closer than proposed site plan to Mr. West property. Mary Jane Bartlett seconded the motion and there was a unanimous vote. 4. BA- CU- 26 -13. Strickland, Rodney A / Strickland, Angus. An Auto Repair Garage in an RA -20R Zoning District; Anderson Creek Township; PIN # 0548 -54- 1424.000; Hwy 210 South. Landon Chandler gave the site analysis and Angus Strickland represented the application. Chairman Scott Tripp asked how this application came to the planning department and Landon Chandler stated that it had been going on for some time and he is trying to come into compliance. Chairman Scott Tripp asked if the 10.94 acres would have to be subdivided and Landon Chandler stated if that was their recommendation. Chairman Scott Tripp asked if he had met with NC DOT and Landon Chandler stated he did not know. Chairman Scott Tripp asked if the building was already there and Landon Chandler stated yes. Chairman Scott Tripp asked if he could submit the application into the record as submitted and Angus Strickland stated yes. Chairman Scott Tripp asked if he had been in front of this board before and Angus Strickland stated yes. Chairman Scott Tripp asked what he was asking from this board and Angus Strickland stated to continue his business. Chairman Scott Tripp asked how it would impact the surrounding area and Angus Strickland stated it would not, because they only do 10 to 12 trucks and cars a week, but mostly he works on big truck tear downs. Chairman Scott Tripp asked if he lived there and Angus Strickland stated it was his residence. Chairman Scott Tripp asked if he was planning any additions of structures to the property and Angus Strickland stated he did not know but he could not say, because he was only twenty -eight years old. Chairman Scott Tripp asked how he would dispose of all the oils and Angus Strickland stated Republic Waste and Safety Clean. Chairman Scott Tripp asked if he had met with NC DOT and Mr. Strickland stated no. Don Harrop asked how long he had been in business and Angus Strickland stated three years at this location, but eight years altogether. Don Harrop asked how this came about and Mr. Strickland stated Fire Marshall came to see him. Mary Jane Bartlett asked how many employees did he have and Mr. Strickland stated four. Mary Jane Bartlett asked the size of the vehicles and Mr. Strickland stated one ton trucks, ambulances and big diesel engines. Mary Jane Bartlett asked if he worked on tractor trailer and Mr. Strickland stated on occasion. Mary Jane Bartlett asked how far he was from the river and Mr. Strickland stated hundreds of feet. Mary Jane Bartlett asked if he used Safety Clean and Mr. Strickland stated yes to dispose of oil filters, coolants, oils, etc. Mary Jane Bartlett asked him to describe the building he was using and Mr. Strickland stated it was a metal building with concrete floors, heating, air condition, insulation, with no in- ground drains. Mary Jane Bartlett asked what was his investment and Mr. Strickland stated $750,000, with building and tools. Mary Jane Bartlett asked if he was aware of possible conditions with buffering, road improvements and Mr. Strickland stated that his pockets had bottoms, but he would work with them all he could. Chairman Scott Tripp asked if there would be any signage and Mr. Strickland stated eventually. Chairman Scott Tripp asked his hours of operation and Mr. Strickland stated 7:30 a.m. to 5:30 p.m. Monday through Friday. Chairman Scott Tripp asked who lived in the house now and Mr. Strickland stated his grandmother. Robert Doberstein asked if he had any junk vehicles he uses for parts and Mr. Strickland stated no. Andrew Ruhland asked who owned the building and Mr. Strickland stated his father. Andrew Ruhland asked what was in the front part of the building and Mr. Strickland stated tractors, boats and it is used for storage. Chairman Scott Tripp asked staff back to the podium. Mary Jane Bartlett asked how many parking spaces would he need and Landon Chandler stated according to the Use and Regulation Table from the UDO, it would be three per bay and one per employee. Chairman Scott Tripp asked if it would have to be paved and Landon Chandler stated yes. Chairman Scott Tripp reopened the public hearing. Andrew Ruhland asked if the Fire Marshall's came in to do an inspection and Angus Strickland stated he did not get into all that. Chairman Scott Tripp then closed the public hearing again and had board discussions. Chairman Tripp stated the impact was already there and he had been in business for a while. Mr. Tripp went on to say that there was no opposition from neighbors. Andrew Ruhland agreed and that it was very low impact and it was a needed service that was a clean operation. The checklist was completed and Andrew Ruhland made a motion to approve the request with no conditions. Robert Doberstein seconded the motion and there was a unanimous vote. The minutes for the July 2013 meeting were presented for approval. Robert Doberstein made a motion to approve the minutes as written. Andrew Ruhland seconded the motion and there was a unanimous vote to approve. There was no old or new business and the meeting was adjourned at 8:50 p.m. Tripp, gKirman Rick Foster, Vice Chairman Teresa Byrd, Recording' Secretary 4 Landon Chandler, Planner II Date