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HomeMy WebLinkAbout08Minutes14MINUTES HARNETT COUNTY BOARD OF ADJUSTMENT County Administration Building 102 East Front Street, Lillington, NC August 11, 2014 6:30 PM PUBLIC HEARING Board Members Present: Scott Tripp, Chairman; Rick Foster, Vice Chairman; Andrew Ruhland, Mary Jane Bartlett and Gunnar Henderson. 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 Pledge of Allegiance All witnesses were sworn in. Conditional Use 1. BA- CU- 17 -14. Natole, Linda / Kenneth Lockamy. A Private Club in an RA -20R Zoning District; Anderson Creek Township; PIN # 0534 -78- 9229.000; Intersection of SR 2045 (Elliott Bridge Road) & SR 2048 (Bethel Baptist Road). Landon Chandler gave the site analysis and Kenneth Lockamy represented the application. Chairman Scott Tripp asked how it initially came before the Planning Board and Landon Chandler stated it was a violation that went for a rezoning and was denied. Chairman Tripp asked if it would require a commercial site plan review and Landon Chandler stated yes. Andrew Ruhland asked if he would be required to do plantings /opaque fence and Landon Chandler stated yes. Andrew Ruhland asked Landon to specify the buffering and Landon Chandler stated it would be Type B buffering along the front of the property and Type D in the rear. Rick Foster asked if this was allowed as a conditional use in this zoning district and Landon Chandler stated yes. Mary Jane Bartlett asked if all the surrounding land uses were RA -20R and Landon Chandler stated all except across the street. Mary Jane Bartlett asked if the land use classification was a Rural Development Node and Landon Chandler stated Medium Density Residential. Chairman Scott Tripp asked if he could enter the application into the record and Kenneth Lockamy stated yes. Chairman Tripp asked what he was asking of the board and Mr. Lockamy stated a conditional use permit to operate a private motorcycle club and went on to explain exactly what the motorcycle club was about and what they did in the community. Chairman Tripp asked how it would impact the surrounding community and Mr. Lockamy stated that there was a store across the street, surrounding land was farmland and there was a single resident on Bethel Baptist Road. Mr. Lockamy stated there may be a little noise coming in and out of the property, because of the motorcycles, but there would be little traffic. Chairman Scott Tripp asked if his hours of operation would be Friday, Saturday and Sunday and Mr. Lockamy stated yes, that during the week they all work regular jobs. Chairman Tripp asked if there would be alcohol sold on the property and Kenneth Lockamy stated that club members may bring their own. Chairman Tripp asked if there would be any signage and Mr. Lockamy stated nothing except maybe on the building. Andrew Ruhland asked why this location and Mr. Lockamy stated that the core members live three to five miles from this location and it was a decent rent price. Andrew Ruhland asked about the barb wire on the fence and Mr. Lockamy stated that they had been robbed, but it would be removed. Andrew Ruhland asked when they realized they were in violation, did their operation cease and Mr. Lockamy stated yes. Andrew Ruhland asked how many members were there and Mr. Lockamy stated twenty. Andrew Ruhland asked if they would be cleaning up the property and Mr. Lockamy stated yes. Andrew Ruhland asked if he was going to put in an alarm system and Mr. Lockamy stated they already had. Mr. Ruhland asked if there would be any dogs and Mr. Lockamy stated no. Andrew Ruhland asked what was the max time they would be there on Saturday's / Sunday's and Mr. Lockamy stated they may show up at 8:00 or 9:00 a.m. to go ride until late afternoon on Saturdays. Mr. Lockamy stated they may show up around Noon on Sunday and be gone by 6:00 p.m. Andrew Ruhland asked if he was a charity organization and Mr. Lockamy stated not at the moment, but wanted to become a non - profit. Mr. Lockamy stated they raise money for all kinds of charities in the charities name and talked about several that his club supports. Andrew Ruhland asked if it was approved would he be opposed to not putting a sign on the building and Mr. Lockamy stated no. Rick Foster asked what he would like his hours of operation to be on Saturday's and Mr. Lockamy stated 8:00 a.m. to 12:00 Midnight. Rick Foster asked how he would control the noise and Mr. Lockamy stated there was already a lot of vehicle noise, they use the store parking lot after they close, run shuttles to the hotel. Rick Foster asked if he had loud parties every weekend and Mr. Lockamy stated no. Mary Jane Bartlett stated that the board could place limits on the hours of operation, but what about holidays and Mr. Lockamy the only holiday they would get together would be New Year's Eve. Linda Natole came forth in favor and stated she was the landowner. Chairman Tripp asked if she had been sworn in and Ms. Natole stated yes. Chairman Tripp asked what she had to offer the board and Ms. Natole stated she would like the fence to stay. Ms. Natole stated it was hard to run a business there, because she had and had been robbed several times. David Hamilton came forth in opposition. Mr. Hamilton stated he was a neighbor to this property and he did not keep those hours because he was a mail carrier. Mr. Hamilton stated his concerns about the noise, stated the fence needed to be moved back, alcohol being brought to the premises and he felt the community did not need a motorcycle club there. Gunnar Henderson asked where he lived and Mr. Hamilton stated Bethel Baptist Road. Gunnar Henderson asked how far he lived and Mr. Hamilton stated quarter of a mile. Gunnar Henderson asked if his main concern was the noise and Mr. Hamilton stated yes and they have more than twenty people and they were very loud. Barbara Ann Mills came forth in opposition with a couple of concerns. Ms. Mills stated it started out as a motorcycle repair shop and now it is a club. Ms. Mills had concerns about property values, parking up and down the road, things getting out of control, safety because the cars park up and down both sides of the road. Ms. Mills had concerns about their hours, because she works six to seven days a week and she stated that she lives closer than he does. Andrew Ruhland asked where she lived and Ms. Mills stated Mills House Lane and they are practically in her backyard. Andrew Ruhland asked if she hears noise when they are there and Ms. Mills stated yes. Ms. Mills stated they park cars on both sides of the road and she has to drive in the middle of the road to get through. Ms. Mills stated she was not usually a complaining type of person, but she had her concerns. Rick Foster asked to call staff back to podium and Landon Chandler, Senior Planner came up. Rick Foster asked if they would have to go through commercial site plan review and Landon Chandler stated that he had not done a technical review of it, but they would have 12 to 15 spaces based on square footage of the building, which two will have to be handicapped and that is for typical cars. Mr. Chandler stated we are working with motorcycles. Mary Jane Bartlett asked about the occupancy load and Landon Chandler stated that the Fire Marshall's office will regulate that and they would review the site plan and all of that will be addressed through the Development Review Board. Chairman Scott Tripp asked Mr. Lockamy back to the podium and asked if he heard the concerns of his neighbors and Mr. Lockamy stated yes and they had their own security personnel. Andrew Ruhland asked who the head of security was and Mr. Lockamy stated active military, Security MP's that are military. Andrew Ruhland asked if he coordinates with Mr. Stewart about the parking and Mr. Lockamy stated there are no other planned events. Mr. Lockamy stated that Mr. Stewart said it was ok as long as they stay out of the field and cleaned up afterwards. Rick Foster asked if he heard the concerns of the neighbors on the parking on roadways and Mr. Lockamy stated yes. Rick Foster asked if approved would he be ok with the hours of operation being Friday /Saturday from 8:00 a.m. to midnight and Sunday from Noon to 7:00 p.m. and Mr. Lockamy stated yes. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Tripp stated he had concerns about the location and it being a little disruptive to the neighborhood on the weekends. Mr. Tripp went on to say that the fence was very unsightly and that he was not opposed of the motorcycle club, but just didn't think it was the right location. Andrew Ruhland stated that he thought it brought a lot of good things, but he had concerns with the noise also. Mr. Ruhland went on to say he did not have a problem with the club, but he agreed it may not be the best location. Mr. Ruhland stated they do great things for all different kinds of charities, they hold an event once a month, the club is made up of military and private citizens, do background checks and do not let felons in the club. Mr. Ruhland stated they were working with the Planning Department to take the right steps. Rick Foster stated he was on the fence toward approval. Mr. Foster stated there would be no motorcycle repair shop and no parking along the road. Mary Jane Bartlett stated she had concerns with the late hours and wanted to move the midnight hour back to 10:00 p.m. on Friday and Saturday. The checklist was completed and Rick Foster made a motion to approve with the conditions that the hours of operation be from 8:00 a.m. to 11:00 p.m. on Friday /Saturday and from Noon to 7:00 p.m. on Sunday; it is not to be used as a motorcycle repair shop; club prevent from parking in the DOT road ways. Andrew Ruhland seconded the motion and there was a 4 -1 vote with Chairman Scott Tripp opposed. Chairman Scott Tripp called for a five minute recess at 7:50 p.m. Chairman Scott Tripp called the meeting back to order at 7:55 p.m. Variance 2. BA- V- 0I -14. Tew, Frank M. This request is for a 3' variance of the minimum side setback requirement; RA -40 Zoning District; Unified Development Ordinance, Article IV, Section 14.2; Hector's Creek Township; Mill Branch Subdivision; Lot 23; PIN # 0652 -15- 9042.000; Off Hwy 401 North (on Robert Branch Circle). Landon Chandler gave the site analysis and Frank Tew represented the application. Chairman Tripp stated he had never heard of a five foot setback and Landon Chandler stated that if a subdivision puts in certain amenities they are allowed smaller setback requirements in a Planned Unit Development. Chairman Scott Tripp asked if the permitting person put in building setback and Landon Chandler stated yes. Chairman Scott Tripp asked if he could submit the application into the record and Frank Tew stated yes. Chairman Tripp asked what he was asking of the board and Mr. Tew stated a variance, but was not looking at a full three feet. Chairman Tripp asked why he needs this variance and Mr. Tew stated to build a garage to put is service truck in. Chairman Tripp asked how it would impact the surrounding area and Frank Tew stated it would not except being three feet closer to property line and he wanted to get his work truck out of site. Chairman Tripp asked if he had any additional information and Mr. Tew stated they originally was going to put in the backyard, but it was cost prohibitive because they would have to move the septic tank and lines. Andrew Ruhland asked if the neighbors had three car garages and Mr. Tew stated no they were all two car garages. Andrew Ruhland asked if the slab ran over at the corner and Mr. Tew stated the rear corner. Andrew Ruhland asked if all was needed for the truck and Mr. Tew stated yes. Rick Foster asked if the setbacks were specified on the site plan how did he get to this point and Mr. Tew stated it was in error, that the contractor applied for permit and had land survey. Rick Foster asked if he had a problem parking the truck on the pad and Mr. Tew stated he wanted to get it out of the weather, afraid of theft and that no one was parking anything outside of a garage in the neighborhood. Todd Ennis, neighbor came forth in favor and did not have a problem with the three feet variance. Sharon Tew came forth in favor and explained why it was so important for her husband to have the garage. Chairman Scott Tripp closed the public hearing and had board discussion. Chairman Tripp stated that a variance was very hard to give out. Mr. Tripp went on to say that wants and desires was not one of them and it was hard for him to approve it. Rick Foster agreed and stated they were acting in good faith, but the board has to be consistent and the law is specific. Mr. Foster stated it was a standard building and there was nothing unique and did not think the variance was appropriate. The checklist was completed and Rick Foster made a motion to deny, due to failing all six findings of fact. Mary Jane Bartlett seconded the motion and there was a unanimous vote. BA- V- 02 -14. Calvary Missionary Methodist Church. This request is for a 6' variance of the minimum front setback requirement; RA -20R Zoning District; Unified Development Ordinance; Article IV, Section 14.2; Barbecue Township; PIN # 9567 -98- 5067.000; SR # 1203 (Calvary Church Road). Matt Talbott gave the site analysis and Scott Guy Pointer represented the application. Chairman Scott Tripp asked about the daily traffic count and Matt Talbott was unsure, but Landon Chandler stated the road would not necessitate any turning lane. Chairman Scott Tripp asked if he could submit the application into the record and Mr. Pointer stated yes. Chairman Tripp asked what he was asking of the board and Mr. Pointer stated a six foot variance for the front of the church. Mr. Pointer stated that he had requested a DOT survey, but had not received it yet. Mr. Pointer stated they needed four feet on one corner and one and half feet on the other corner. Mr. Pointer stated they are trying to add on to the church for handicapped bathrooms and pews for the church. Chairman Tripp asked how it would impact the surrounding community and Mr. Pointer stated the church owned land on both sides of the church and should benefit the community, because the church needs extra seating and they had taken safety into consideration. Chairman Scott Tripp asked if they had looked at other alternatives and Mr. Pointer stated they had looked at other options, but it would take away from the looks of the church and they really didn't want to do that. Rick Foster asked couldn't they take out a row of pews and Mr. Pointer stated they would lose twelve seats, but it could be accommodated. Mr. Pointer stated they are trying to reach out to the community and the road has minimum traffic, so safety was not an issue. Mary Jane Bartlett asked if originally the road alignment changed and Mr. Pointer stated that he did not hear from NC DOT and he was not sure if it had changed. Mary Jane Bartlett asked the dimension of the building and Mr. Pointer stated a 30 X 50. Mary Jane Bartlett asked how much additional seating and Mr. Pointer stated seventy -five seats. Mary Jane Bartlett asked why not two services and Mr. Pointer stated she would have to ask the preacher. John Douglas came forth in favor. Mr. Douglas stated that they did not want their church shaped like an "I" and argued the fact that it would not look like a church. Mr. Douglas stated there was plenty of room toward the road and didn't see an issue with six feet. Mr. Douglas stated the church needed the space and seating, because the church was packed every Sunday. Curtis Norris came forth in favor. Mr. Norris was the preacher of the church and stated that there is a cemetery in the back of the church. Mr. Norris stated that the church was built in the late 50's and the overflow issue is a fire code issue. Mr. Norris stated it would not affect anyone and it was not a problem for anyone and the church needs the extra space. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Tripp stated that he felt for the church, but they had to look at the topography, with respects to the church it falls into the same category as before. Mr. Tripp stated that they had to set precedence and stick to their guidelines. Rick Foster and Mary Jane Bartlett both felt they had other options. The checklist was completed and Rick Foster made a motion to deny the variance, due to failing all six findings of fact. Andrew Ruhland seconded the motion and there was a unanimous vote. The minutes from the July 2014 meeting were presented for approval. Rick Foster made a motion to approve the minutes as written. Andrew Ruhland seconded the motion and there was a unanimous vote. There was no old business and the meeting was adjourned at 9:14 p.m. cott Tripp, Chairman Rick Foster, Vice Chairman Teresa Byrd, Recording Secretary L4 ILI Landon Chandler, Senior Planner Date