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MinutesMINUTES HARNETT COUNTY BOARD OF ADJUSTMENT County Administration Building 102 East Front Street, Lillington, NC February 11, 2013 6:30 PM PUBLIC HEARING Board Members Present: Scott Tripp, Chairman; Rick Foster, Vice Chairman; Andrew Ruhland, Mary Jane Bartlett, Gunnar Henderson and Alternate Bob Doberstein. Planning Staff Present: Landon Chandler, Planner II, Matt Talbott, Planner I 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- 03 -13. BDP Holdings, LLC / Bobby Merchant. A Singlewide Manufactured Home in an RA -30 Zoning District; Pin # 0643 -36- 2905.000; Hector's Creek Township; SR 1426 (Cotton Road on Deer Tail Lane). Matt Talbott gave the site analysis and Bobby Merchant represented the application. Chairman Scott Tripp asked if the house was going to be removed or if it had to be separated from the singlewide and Matt Talbott stated no. Rick Foster asked if the towing device had to be removed or landscaped and if it had to have a pitch roof and Matt Talbott stated yes. Rick Foster asked what year it had to be and Matt Talbott stated a 1976 or newer. Chairman Scott Tripp asked if there could be two homes on one parcel and Matt Talbott stated yes. Mary Jane Bartlett asked about the orientation of the home and if it had to sit facing the right of way. Landon Chandler stated there were no restrictions that those apply to doublewides. Mary Jane Bartlett asked if there were other homes in the vicinity and Matt Talbott stated one stick built home across the street. Rick Foster if it were a doublewide what would be the orientation of the home and Matt Talbott stated toward the easement. Chairman Scott Tripp asked if he could enter the application into the record and Bobby Merchant stated yes. Chairman Scott Tripp asked what he was asking from this board and Bobby Merchant stated he wanted to put 1998 singlewide onto this property. Chairman Scott Tripp asked how it would impact the surrounding area and Bobby Merchant stated it would not be noticed once completed. Chairman Scott Tripp asked if he had any additional information and Bobby Merchant stated no. Chairman Scott Tripp asked if the manufactured home had been purchased yet and Bobby Merchant stated it had been purchased. Chairman Scott Tripp asked if it had a shingled roof and Bobby Merchant stated yes and a pitched roof. Chairman Scott Tripp asked if it was his permanent residence and Mr. Merchant stated yes. Chairman Scott Tripp asked about the home on the property and Mr. Merchant stated it was not livable. Rick Foster asked him about the way he has the house oriented on the property and Mr. Merchant stated that is the way the sun comes up and because of the scenery that the deer run in the fields. Rick Foster asked how the other homes on the easement were oriented and Mr. Merchant stated facing the easement. Mary Jane Bartlett asked how far away was the nearest doublewide or singlewide and Mr. Merchant stated approximately one half mile going toward Hardee Road. Mr. Merchant stated there was a singlewide on this property at one time. Mary Jane Bartlett asked if there was an existing septic and Mr. Merchant stated existing water and septic. Mary Jane Bartlett asked what type of underpinning and Mr. Merchant stated brick. Mary Jane Bartlett asked if the siding was vinyl and if the roof was shingled and Mr. Merchant stated yes. Mary Jane Bartlett asked if there would be landscaping and Mr. Merchant stated yes and a fence. David Orringer came forth in favor of the request. Mr. Orringer stated he was leasing the property to Mr. Merchant and he wanted to help him out, as well as get rent money. Mary Jane Bartlett asked if he was going to subdivide and Mr. Orringer stated no. Mary Jane Bartlett asked how much was he going to lease him and Mr. Orringer stated one acre and he was not selling the property. Mr. Orringer stated he would sale as a whole but not just an acre. Mary Jane Bartlett asked what the rest of the land was currently used for and Mr. Orringer stated farmland. Chairman Scott Tripp asked if he would remove the house and Mr. Orringer stated it was an old pack house and it needed to be removed. Tim Johnson came forth in opposition to the request. Mr. Johnson stated he had property that abuts this property and his property is the first Harnett County Historical Property, as well as the National Registry. Mr. Johnson stated he had concerns with what comes in and need to maintain the highest zoning standards. Mr. Foster asked what concern he had if the request was approved and Tim Johnson stated precedence. Mr. Foster asked what they could do to alleviate his concerns and Mr. Johnson stated that it would be an improvement, because it has been an eyesore, but the highest zoning standard needs to be maintained and keeping the area rural. Mary Jane Bartlett asked what historical significance did his farm have and Mr. Johnson stated it had been in his family for a long time and he wants to preserve the farm. Mr. Johnson stated that they wanted to have some protection. Mary Jane Bartlett asked if he had concerns about property value and Mr. Johnson stated it was on the table but that was not his main concern. There was no more opposition. Chairman Scott Tripp closed the public hearing and had board discussions. Rick Foster stated in looking at the rural area and feeling what had been described would stay in harmony with the area. Mr. Foster stated that the singlewide would not be out of character. Mr. Foster stated that it was a fairly new singlewide with a pitched shingled roof; vinyl siding and felt it would be an appropriate use and would not see a negative effect on Mr. Johnson's property. Chairman Scott Tripp agreed and Mr. Johnson said it would be an improvement to the area. Chairman Tripp stated he did not know if he wanted a condition to remove the dilapidated home. Rick Foster stated he would be reluctant to make it a condition, but would definitely make a request. Andrew Ruhland agreed with Mr. Foster and Chairman Tripp that it goes with the surrounding area. Mary Jane Bartlett stated she understood Mr. Johnson's concerns of property value and that if it is compatible with the area. Mary Jane Bartlett stated they needed to restrict to a certain year model like 1995 or newer. Rick Foster asked how that could be legally enforced and Chairman Tripp stated that was what was presented tonight. Gunnar Henderson stated that he thought that they should tear down the building, but give them some time to do it. Chairman Scott Tripp asked what was reasonable and Andrew Ruhland stated 180 days to one year to remove. Rick Foster agreed with Mr. Ruhland. The checklist was completed and Andrew Ruhland made a motion to approve the request, with the condition that the pack house be removed within one year. Gunnar Henderson seconded the motion and there was a unanimous vote. 2. BA- CU- 04 -13. White, Henry & Donna. Gunsmithing & Repair in a RA -20R Zoning District; Pin # 9557 -00- 4748.000; Johnsonville Township; SR 1001 (Claude White Road on Meerkat Lane). Landon Chandler gave the site analysis and Henry White represented the application. Chairman Scott Tripp asked if it was categorized as gunsmithing and repair, any sales. Landon Chandler stated it was a trade and there would be no foot traffic or on site retail. Rick Foster stated sales were an accessory use and they had several cases where it was gunsmithing and internet sales out of their residence and that is allowed. Landon Chandler stated that was correct and this case was the same as the others. Mr. Chandler stated that it does not allow foot traffic. Chairman Scott Tripp asked if he could enter the application into the record and Henry White stated yes. Chairman Scott Tripp asked him to explain what he does and Mr. White stated he needs more income and it would be local community by word of mouth. Mr. White stated he would pick up the weapons, repair them and take them back, because he did not want the foot traffic. Chairman Scott Tripp asked how he would discharge the weapons and Henry White stated he has three hundred acres to test the weapons. Gunnar Henderson asked if he was a trained gunsmith and Henry White stated no and he was looking a new trade. Gunnar Henderson asked if he had his FFL license and Henry White stated no, that he could not apply until this was approved. Andrew Ruhland asked if once he gets approval he would apply for his Federal Firearms License and Mr. White state yes. Andrew Ruhland asked if the three hundred acres behind him belonged to him and Mr. White stated it belonged to his father that was in a trust with his brother as power of attorney. Andrew Ruhland asked about the repairs and test of fires and if approved would he be willing to get a discharge vault for his property, since the large tract of land belonged to his father and Mr. White stated yes. Andrew Ruhland asked if he would have any signage and Mr. White stated not at this time. Andrew Ruhland asked about hours of operations and Mr. White stated it would be by appointment only. Mr. White stated that the FFL require at least two hours a week, so probably 3:00 to 5:00 p.m. on Wednesday. Andrew Ruhland asked if there would be any modifications to his property and Mr. White stated no. Andrew Ruhland asked if he would have his office in his home and Mr. White stated yes. Rick Foster asked if his property was only 2 1/2 acres and Mr. White stated yes. Rick Foster asked if this board placed a condition that he used a discharge vault would he be ok with that and Mr. White stated yes. There was no opposition. Chairman Scott Tripp closed the public hearing and had board discussions. Andrew Ruhland stated that he wanted to see a discharge vault, because two acres is not a lot. Mr. Ruhland thought it was a good area, but he wants it concealed as much as possible. Andrew Ruhland stated that the FFL will watch closely. Rick Foster stated it was keeping in nature with the area and agreed with Mr Ruhland on the discharge vault. The checklist was completed Andrew Ruhland made a motion to approve the request with the condition that a discharge vault be placed at the place of business. Rick Foster seconded the motion and there was a unanimous vote. BA- CU- 05 -13. Monroe, Mary Jon H. / ESA Broadway NCI, LLC (Craig Livingston). Solar Farm in an RA -30 Zoning District; Pin # 9690 -56- 0891.000; Upper Little River Township; SR 1214 (Mt. Pisgah Church Road). Landon Chandler gave the site analysis and Craig Livingston represented the application. Chairman Scott Tripp then stated that he would have to recuse himself from this case because of a conflict of interest. Mr. Tripp stated he would have not financial gain from this, but he was a manager at South River Electric and because he worked there he should step down from this case. Chairman Scott Tripp called a recess at 7:55 p.m. Vice Chairman Rick Foster called the meeting back to order at 7:55 p.m. Vice Chairman Rick Foster welcomed Alternate Bob Doberstein to sit in on this case. Mr. Foster was now acting chairman and continued the meeting. Gunnar Henderson asked if there were any run off issues with solar panels and Landon Chandler stated that the state does not impose impervious surfaces, because it is not a large impact on storm water. Rick Foster asked if this was approved would they have to go through the commercial site plan process and Landon Chandler stated yes. Vice Chairman Rick Foster asked if he could submit his application into the record and Craig Livingston stated yes. Vice Chairman Rick Foster asked what he wished to present and Craig Livingston stated to construct and operate a solar farm on sixty acres which connects to a grid. Vice Chairman Rick Foster asked why he request this and Craig Livingston stated that he specializes in solar farms and is doing projects in Selma, Newton Grove and has built over five hundred solar farms. Mr. Livingston stated North Carolina was a green state. Vice Chairman Rick Foster asked about the impact to the surrounding area and Craig Livingston stated that the total site is one hundred nineteen acres, but they are only using sixty acres of it. Mr. Livingston stated it has no emissions and they connect to the grid and it will set there for twenty years. Mr. Livingston stated that there will be site visits three to four times a year and there is no impact on schools, traffic, water, but will create seventy to eighty jobs in Harnett County. Vice Chairman Rick Foster asked why this board should grant this request and Mr. Livingston stated it was a good use for the site, good for county taxes, creates new jobs and it is energy independent. Vice Chairman Rick Foster asked if he had any additional information and Mr. Livingston stated that they had done a feasibility study and it was good for the county. Mr. Livingston stated they would be using the sun as its source; panels were mounted to the ground and would be no uplift in heavy winds. Vice Chairman Rick Foster asked if the grass would have to be mowed and Mr. Livingston stated the grass does not grow that high. Chairman Rick Foster asked what the buffering would be like if passing by and Mr. Livingston stated you would see woods at the first part of the land, and then an eight foot high hedge with a landscaping buffer and twenty feet beyond that is the panels. Andrew Ruhland stated it was a big parcel of land and why did he choose this spot and Mr. Livingston stated it was in close proximity to the substation, because it can get very expensive if you don't stay close to the substations. Andrew Ruhland asked where the panels come from and Mr. Livingston stated they come from local sources if possible. Andrew Ruhland asked about the five hundred solar farms he had done and Mr. Livingston stated that there were six in North Carolina, seven in Orlando Florida, on nine schools in Ohio, etc. Andrew Ruhland asked about the life cycle of a solar farm and Mr. Livingston stated twenty years then they have to be changed out. Robert Doberstein asked what the eight foot buffer would be and Mr. Livingston stated eight foot chain link fence and eight foot hedge. Robert Doberstein asked what type of hedge and Mr. Livingston stated a wall of evergreen. Robert Doberstein asked what the sizes of the panels were and Mr. Livingston stated 33 x 66; 3/4 inches thick of tempered glass. Vice Chairman Rick Foster asked how that impacts aircraft and Mr. Livingston stated the panels were low reflective glass and is supported by the FAA. Mary Jane Bartlett asked how he would handle run off and storm water management and Mr. Livingston stated they had a civil engineer on staff and will go through that and make sure all local ordinances are met. Mary Jane Bartlett asked if he own the property and Mr. Livingston stated they had a long term lease for twenty years. Gunnar Henderson asked how the citizens would reap the benefits from this and Mr. Livingston stated they would be selling to grid. Gunnar Henderson asked if it would be mega wattage and Mr. Livingston stated three acres per one megawatt. Gunnar Henderson asked how many hours per day and Mr. Livingston stated 1,350 hours per year on sunshine. There was no opposition. Vice Chairman Rick Foster closed the public hearing and had board discussions. Andrew Ruhland stated he thought it was a fantastic idea; equipment is purchased locally, with the buffering you will not be able to see it, no traffic created and felt it was a great asset to county. Robert Doberstein stated he was all for solar. Rick Foster agreed that people were not going to see it, no noise, no traffic and it was positive for the county. Gunnar Henderson had concerns about subsidiaries that are given through the government and at the expense of the tax payers. Mr. Henderson questioned how long it would take to get that money back. Mr. Henderson stated he was not anti -solar but the cost tax payers were his concern. The checklist was completed and Andrew Ruhland made a motion to approve the request with no conditions. Mary Jane Bartlett seconded the motion and there was a 4 -1 vote with board member Gunnar Henderson in opposition. The minutes for the January 2013 meeting were presented for approval. Andrew Ruhland made a motion to approve the minutes as written. Robert Doberstein seconded the motion and there was a unanimous vote to approve the minutes. The meeting was adjourned at 8:34 p.m. Sco p, Chairman ick Foster, Vice Chairman A eresa yrd, Recordinj Secretary Landon Chandler, Planner II Date