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HomeMy WebLinkAbout05Minutes18 SignedMINUTES HARNETT COUNTY BOARD OF ADJUSTMENT Town of Lillington Building 102 East Front Street, Lillington,NC May14,2018 6:30 PM PUBLIC HEARING Board Members Present: Scott Tripp, Chairman; Rick Foster, Vice Chairman; Joseph Bowden; Gunnar Henderson and Walter Massey. Planning Staff Present: Landon Chandler, Senior Planner; David McRae, Planner I; Randy Baker, Assistant Manager of Planning Services and Teresa Byrd, Senior Dept. Support Specialist/Board Clerk. Walter Massey gave the invocation and Chairman Scott Tripp led the Pledge of Allegiance. All witnesses were sworn in. Chairman Scott Tripp moved the two cellular communications applications to the front of the agenda, due to applicant asked for them to be tabled until the June Meeting. Chairman Scott Tripp then stated that the last case BA-CU-14-18 to be moved to the top of new business. Walter Massey made a motion to move, with a second by Joseph Bowden. There was a unanimous vote. Conditional Use Old Business Tabledfrom April 9, 2018 Meeting 1. BA-CU-08-18. Bullard Trailor Sales No. 2 C/O John W. Bullard, Jr. /Faulk&Foster, Agent for Verizon. A Telecommunication Tower in an RA-20R Zoning District; Pin#9565-18- 9999.000; 115.39 acres; Johnsonville Township;NC Hwy 24-27. (Request to Table to June 11, 2018 Meeting). A motion was made by Walter Massey to table the case until the June 11, 2018 meeting. Gunnar Henderson seconded the motion and there was a unanimous vote. 2. BA-CU-09-18. Lavell, Ellis& Cynthia Johnson/Faulk &Foster, Agent for Verizon. A Telecommunication Tower in an RA-30 Zoning District; Pin#0644-24-3903.000; 10.4 acres; Hector's Creek Township; SR# 1412 (Christian Light Road). (Request to Table to June 11, 2018 Meeting). A motion was made by Walter Massey to table the case until the June 11, 2018 meeting. Gunnar Henderson seconded the motion and there was a unanimous vote. 3. BA-CU-05-18. Constant,Justin& Christine. A Gunsmithing Business in an RA-20R Zoning District; Pin# 0505-97-8640.000; .29 acres; Anderson Creek Club Subdivision, Lot 344; Anderson Creek Township; Off SR# 1121 (Ray Road on Whispering Pines Drive). Landon Chandler gave the site analysis and Justin Constant represented the application. L Chairman Tripp asked if it was internet sales and Landon Chandler stated yes. Chairman Scott Tripp asked if he could enter that application into the record and Justin Constant stated yes. Chairman Tripp asked what he was asking of the board and Mr. Constant stated to get zoning verified for an internet/mail based business of guns with some Gunsmithing. Mr. Constant stated it was part of the FFL process. Chairman Tripp asked how it would impact the surrounding area and Mr. Constant stated it would not and there would be off site testing. Chairman Tripp asked if there would be any Gunsmithing involved and Mr. Constant stated yes. Chairman Tripp asked if the weapons on site would be kept in a vault and Mr. Constant stated yes. Chairman Tripp asked if all discharges would be off site and Mr. Constant stated yes. Chairman Tripp asked where he would do the discharge and Mr. Constant stated at a local range. Chairman Tripp asked if there would be any signage and Mr. Constant stated no. Chairman Tripp stated it was low impact and this has to be done to get license and Mr. Constant agreed. Walter Massey asked whom would he be doing business with and Mr. Constant stated it was via the web, submit items through the postal service and take back to postal service. Chairman Tripp asked if he was just the middle man and Mr. Constant stated yes. There was no opposition. Chairman Tripp closed the public hearing and had board discussions. Chairman Tripp stated these types of things are very low impact, there is no signage, no traffic and you would not even know it is there. Walter Massey stated he was not opposed, but had concerns about the types of weapons and felt the system needed to be fixed. The checklist was completed and Joseph Bowden made a motion to approve the request with no conditions. Gunnar Henderson seconded the motion and there was a 4-1 vote, with Board member Walter Massey abstaining from the vote. Conditional Use New Business 4. BA-CU-14-18. Lancaster, Patrick&Nancy. A Gunsmithing Business in a RA-20R Zoning District; Pin#9566-71-9349.000; 10.10 acres; Johnsonville Township; SR#Off NC Hwy 27 West(on Oakridge Drive). Landon Chandler gave the site analysis and Patrick Lancaster represented the application. Walter Massey asked if shop was on property and Landon Chandler stated the activity taken place out of the shop. Chairman Scott Tripp asked if he could enter the application into the record as submitted and Patrick Lancaster stated yes. Chairman Tripp asked what he was asking of the board and Mr. Lancaster stated a conditional use to be able to get a class 7 manufacturing/assembly license, for competitors in gun competitions. Mr. Lancaster stated they would target specific demographics and would design, apply and patent accessories for competitors, such as government and law enforcement. Assembly would be onsite, but matches would be offsite. Chairman Tripp asked how it would impact the surrounding area and Patrick Lancaster stated there would be no signage, business would be internet based, delivery of parts and ship of weapons will be through UPS or FEDEX. Mr. Lancaster stated that the test firing would be noise, but shooting would be done during the day. Chairman Tripp stated he had a major concern that it was sitting in the middle of a subdivision. Chairman Tripp stated if this board were to approve,they would make a condition that there be no onsite test firing with recommendation that you take to a gun range. Patrick Lancaster stated he had 20 acres and he shoots there now. Chairman Tripp stated yes, but not for business matters and that his property was engulfed by a neighborhood. Mr. Lancaster submitted photos of the elevation to the board which became Exhibit A and discussed how he would place the berms. Chairman Tripp stated he had concerns of rifle discharge. Mr. Lancaster stated he had a survey of the property and his lot was exempt from the Harnett County Subdivision Regulations. Landon Chandler stated that this lot was never part of that subdivision, because it was 10+acre tract. Rick Foster asked if the AR-10 was a precision rifle, was a 7.62 caliber and Mr. Lancaster stated yes. Jack Clayman, Rachel Ray Webb, Lewis Sutton, Diane Mabry, Kenneth Brooks, Jerome Waggler, Jennifer Shultis all came forth in opposition. They all had concerns about the kids in the neighborhood, firing of the guns, bullets ricocheting, noise, needs to go to gun range to fire the weapons,type of weapons,traffic, change in the neighborhood. Chairman Tripp then asked Mr. Lancaster back to the podium. Chairman Tripp asked what kind of experience did he have and Mr. Lancaster stated none. Chairman Tripp asked what made him want to do this type of business and Mr. Lancaster stated it was mostly his son-in- law and the competition part of it. Mr. Lancaster stated that because of the expense there would be a very small volume. Chairman Tripp closed the public hearing and had board discussions. Chairman Tripp stated he had concerns of the discharge of the weapons on site and he would recommend a condition of no discharge of weapons on site for business. Joseph Bowden stated he would recommend all weapons be stored in a vault. The checklist was completed and Rick Foster made a motion to approve with the following conditions. No test firing of business firearms on property, all weapons and ammunition be stored in a suitable safe. Gunnar Henderson seconded the motion and there was a 4-5 vote to approve with Board member Walter Massey abstaining. Chairman Scott Tripp called a recess at 7:50 p.m. Chairman Scott Tripp called the meeting back to order at 8:00 p.m. 5. BA-CU-11-18. Jack Blalock&Jerry Blalock/Cynthia Campbell. A Singlewide Manufactured Home in an RA-30 Zoning District; Pin# 0600-38-0540.000; 1.84 acres; Upper Little River Township; SR# 1281 (Thomas Farm Road). David McRae gave the site analysis and there was no one there to represent the application. Walter Massey made a motion to table until the June meeting, with a second by Gunnar Henderson. There was a unanimous vote to table. 6. BA-CU-12-18. Chun Tic, Lin Pei & Sung Hui/Laura Dixon. A Singlewide Manufactured Home in an RA-30 Zoning District; Pin# 0630-99-8307.000; .57 acres; Upper Little River Township; Off SR# 1257 (South River Road on Spruce Lane). David McRae gave the site analysis and Laura Dixon represented the application. Chairman Scott Tripp asked if he could enter the application into the record as submitted and Laura Dixon stated yes. Chairman Tripp asked what she was asking of the board and Ms. Dixon stated to put a home on the land for her family. Chairman Tripp asked how it would impact the surrounding area and Ms. Dixon stated there would be no noise and no impact. Chairman Tripp asked if she had purchased the home and Ms. Dixon stated she was in the process, but was waiting on the board. Chairman Tripp asked what year model was the home and Ms. Dixon stated 2018 singlewide. Ms. Dixon stated a mobile home was pulled off of this spot. Chairman Tripp asked if she would be living there and Ms. Dixon stated yes. Walter Massey asked if she would be placing her home in the same location and Ms. Dixon stated she would put the home wherever they wanted her to put it. Walter Massey stated as long as it meets regulations. Emily Shult, Seller's agent came forth in favor. Ms. Shult stated she was a neighbor and would welcome her to the neighborhood. Ms. Shult stated there was a septic already in place. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Tripp stated there was a home there before and it was compatible. Walter Massey was also in favor. Rick Foster stated it would replace former home there and thought it was an ideal fit. The checklist was completed and Rick Foster made a motion to approve with no conditions. Walter Massey seconded the motion and there was a unanimous vote. Walter Massey recused himself from the next case. Mr. Massey stated he retired from Duke Energy and knew the applicant. 7. BA-CU-13-18. Duke Energy Progress, LLC. An Electrical Substation in an RA-20R Zoning District; Pin# 0575-02-7108.000; 17.83 acres; Stewart's Creek Township; SR#2027 Horseshoe Bend Road). Landon Chandler gave the site analysis and Jason Sesler, with Duke Energy Progress represented the application. Chairman Tripp asked if he could enter the application into the record and Jason Sesler stated yes. Chairman Tripp asked what he was asking of the board and Mr. Sesler stated he wanted a conditional approval for a fir' substation project. Chairman Tripp asked how it would impact the surrounding area and Mr. Sesler stated it was a positive thing for the surrounding area. Chairman Tripp asked if he had any additional information and Mr. Sesler stated no. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Tripp stated that this is needed for distance and reliability of the system. Chairman Tripp stated it was a growing area and has been needed for a long time. Rick Foster agreed. The checklist was completed and Rick Foster made a motion to approve with not conditions. Gunnar Henderson seconded the motion and there was a 4-4 unanimous vote with board member Massey recused. The minutes for the April 2018 meeting were presented for approval. Gunnar Henderson made a motion to approve as written. Rick Foster seconded the motion and there was a unanimous vote. There was no other business and the meet' g was adjourned at 8:30 p.m. ter/6Tripp, Ch frman Tere Byrd, Recor ng Secretary Rick Foster,Vice Chairman t — Landon Chandler, Senior Planner Date