04Minutes13MINUTES
HARNETT COUNTY BOARD OF ADJUSTMENT
County Administration Building
102 East Front Street, Lillington, NC
April 8, 2013 6:30 PM
PUBLIC HEARING
Board Members Present: Scott Tripp, Chairman; Rick Foster, Vice Chairman; Andrew Ruhland,
Mary Jane Bartlett, Gunnar Henderson. 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- 08 -13. Moore, Donnie & Deborah/ Deborah Moore. A Singlewide
Manufactured Home in an RA -30 Zoning District; Pin # 0672 -25- 2499.000; Black
River Township; SR 1510 (Matthews Mill Pond Road). Matt Talbott gave the site
analysis and Donnie Moore represented the application. Chairman Scott Tripp asked
if they were replacing home with this home and Matt Talbott stated there would be
two homes on the property. Rick Foster asked about the orientation of the home and
Matt Talbott stated it was not a concern with a singlewide. Mary Jane questioned
another structure that was on the property and Matt Talbott stated that was an
accessory structure. Chairman Scott Tripp asked if he could submit the application
into the record and Donnie Moore stated yes. Chairman Scott Tripp asked what he
was asking of the board and Mr. Moore stated to get a permit for singlewide, because
house is inhabitable. Chairman Scott Tripp asked how it would impact the
surrounding community and Mr. Moore stated that it should not, because the nearest
houses belongs to his son and daughter. Chairman Scott Tripp asked for any
additional information and Mr. Moore stated that it would be kept up and kept clean.
Chairman Scott Tripp asked to describe the home and Mr. Moore stated it had a
shingled roof with vinyl siding. Rick Foster asked if he lived on the property and Mr.
Moore stated yes. Mary Jane Bartlett asked where his residence was at and Mr. Moore
stated it was 600 to 700 feet across the field. Mary Jane Bartlett asked if there were
existing utilities and Mr. Moore stated there was a well, septic and Progress Energy
Pole. Mary Jane Bartlett asked if he was using the existing driveway and Mr. Moore
stated yes. There was no opposition.
Chairman Scott Trip closed the public hearing and had board discussions. Rick Foster
stated it seemed like a good use for property and it will be replacing an abandoned
home. Mr. Foster stated that the applicant's home was on the property. Chairman
Tripp agreed. Mary Jane Bartlett stated it should be specified to remove the old home.
The checklist was completed and Andrew Ruhland made a motion to approve the
request with the condition that the old home be removed before the singlewide
manufactured home was put on the lot. Mary Jane Bartlett seconded the motion and
there was a unanimous vote.
2. BA- CU- 09 -13. Winters, James K & Deborah C./ Deborah C. Winters. A Pet
Kennel /Boarding Facility in an RA -30 Zoning District; Pin # 1515 -00- 1254.000;
Averasboro Township; SR 1793 (Pope Road). Landon Chandler gave the site analysis
and James Kenneth Winters represented the application. Chairman Scott Tripp asked
if all dog kennels were permitted in all zoning districts and Landon Chandler stated
not in residential. Mr. Chandler stated kennels have to go through the condition use
process in a residential district, because it is a business. Mary Jane Bartlett asked if
there was vacant land nearby and Landon Chandler stated unimproved land. Rick
Foster asked if there was a limit to the size or number of dogs allowed and Landon
Chandler stated no. Chairman Scott Tripp asked who governed boarding facilities like
this and Landon Chandler stated the USDA, with routine inspections. Chairman Scott
Tripp asked if he could enter the application into the record and James Winters stated
yes. Chairman Scott Tripp asked what he was asking of this board and Mr. Winters
stated that his wife wanted to start her own business and she wanted to do a kennel
business. Chairman Scott Tripp asked how it would impact the surrounding area and
Mr. Winters stated it would not and they would have a first class operation. Chairman
Scott Tripp asked if he had any additional information and he had none. Chairman
Scott Tripp asked if there would be additional construction and Mr. Winters stated
only a waste management system. Chairman Scott Tripp asked the hours operation
and Mr. Winters stated 8:00 a.m. to 5:00 p.m. Monday through Friday; Saturday 8:00
a.m. to 12:00 Noon and will be closed on Sundays. Rick Foster asked if he intent was
to modify a pole barn and Mr. Winters stated if it can't be used then they would
remove it. Rick Foster asked if there would be more buildings and Mr. Winters stated
no. Rick Foster asked the number of dogs and Mr. Winters stated there would be 8
kennel sites, so possibly 6 or 7 dogs with some cat cages. Rick Foster asked if eight
would be max and Mr. Winters stated yes. Andrew Ruhland asked if it would be a
boarding facility not a breeding facility and Mr. Winters stated yes. Andrew Ruhland
asked about certifications and Mr. Winters stated they were involved in all of that, but
wanted to get past this process first to make sure they could do it. Andrew Ruhland
asked if there would be any signage and Mr. Winters stated he did not plan on it.
Mary Jane Bartlett asked if there would be any external lighting or just what will be on
the building and Mr. Winters stated there would be flood lights on the exterior part of
the building. Chairman Scott Tripp asked if it would be limited to dogs and cats. Mr.
Winters stated maybe some birds. Chairman Scott Tripp stated nothing exotic and Mr.
Winters stated no. There was no opposition.
Chairman Scott Tripp closed the public hearing and had board discussions. Andrew
Ruhland thought it was a good idea, that the signage didn't bother him, using an
existing barn on site; the area would not change and they are not breeding. Chairman
Scott Tripp stated he thought it was a needed service and the only thing that concerned
him would be the noise. Mr. Tripp stated that where it was located that should not be
a problem. Rick Foster stated it was a rural location and there was family land all
around. Mr. Foster stated it was a small boarding facility and not a huge operation.
Mary Jane Bartlett stated she had a concern that there were no limits on the number of
animals. Chairman Scott Tripp stated that if they expand at all they would have to
come back through the process.
The checklist was completed and Rick Foster made a motion to approve the request
with no conditions. Andrew Ruhland seconded the motion and there was a unanimous
vote to approve the request.
3. BA- CU- 10 -13. Ealy, Caro Davis / Hanson Aggregates SE, LLC, Jack Garvey.
Expansion of Existing Industrial Site in an RA -20R, RA -40 and Conservation Zoning
District; Pin # 0585 -48- 8555.000; Stewart's Creek Township; NC Hwy 217 South.
Landon Chandler gave the site analysis and Allen Brrnelle represented the application.
Chairman Scott Tripp asked if they would need to buffer and Landon Chandler stated
they were going to keep the natural buffer. Chairman Scott Tripp asked about
setbacks and Landon Chandler stated they have to be 50ft from perimeter. Andrew
Ruhland asked about the conservation and Landon Chandler stated 100 ft. Chairman
Scott Tripp asked if Department of Environment and Natural Resources would
monitor it and Landon Chandler stated yes. Rick Foster asked if a mining operation
was permitted and Landon Chandler stated yes. Chairman Scott Tripp asked if he
could enter the application into the record and Allen Brunelle stated yes. Chairman
Scott Tripp asked what he was asking of this board and Mr. Bumelle stated to expand
the sand and gravel mining operations. Mr. Bumelle stated that the use had been there
for fifty years. Chairman Scott Tripp asked how it would impact the surrounding land
uses and Mr. Bumelle stated that the surrounding property is similar, mostly
unimproved tracts and very low density residential. Mr. Brrnelle stated that there
should be no impact that the business had been there a long time. Chairman Scott
Tripp asked if he had any additional information and Mr. Bumelle talked about the
crossing over Hwy 217 and how the operation would work from these two sites.
Jack Garvey came forth and talked about the environmental aspects and that since
2008 when he started with this company there had been no violations. Allan Bumelle
went on to state that the Department of Environmental and Natural Resources would
be involved. Rick Foster stated you would have plenty of supervision and Mr.
Burnelle stated plus some. Rick Foster asked about the buffering and if it would be
screened from the public and Mr. Burnelle stated yes. Chairman Scott Tripp asked if
the ingress and egress would be on Hwy 217 and not Beaver Dam Road and Mr.
Burnelle stated it would just be across Hwy 217. Chairman Scott Tripp asked if there
would be an impact on residential property and Mr. Brunelle stated no. Mary Jane
Bartlett asked what the service area was for the material and Mr. Burnelle stated
Southern Harnett, North Cumberland and Wake Counties, that there was a 40 mile
radius they service. Mary Jane Bartlett asked if they had their approvals from DOT,
Army Corps of Engineers related to the wetlands and Mr. Burnelle stated in the
process, but they know they can't impact wetlands without going to the Army Corps of
Engineers. Mary Jane Bartlett asked about the noise and Mr. Burnelle stated less than
what is there now. Mary Jane Bartlett asked the hours of operation and Mr. Burnelle
stated it would be single shift from 7:00 a.m. to 4:00 p.m. maybe 5:00 p.m., but would
be daytime operation. There was no opposition.
Chairman Scott Tripp closed the public hearing and had board discussions. Chairman
Scott Tripp stated that this type of use is very heavily regulated and he had no
concerns with the environmental part of it. Noise levels not a major factor and he did
not see an issue with the ingress egress. Andrew Ruhland agreed with Mr. Tripp. Rick
Foster stated this type of use is regulated very heavily, wetlands will be monitored
heavily, huge operation in business for fifty years and they are doing it right. Mary
Jane Bartlett made the argument that just because you have been doing something for
fifty years doesn't mean it can't be changed. Chairman Scott Tripp stated the he felt if
they were not doing it the right way there would be a lot more people in opposition.
The checklist was completed and Andrew Ruhland made a motion to approve with no
conditions. Rick Foster seconded the motion and there was a unanimous vote.
The minutes for the March 2013 meeting were presented for approval. Andrew
Ruhland made a motion to approve the minutes as written. Rick Foster seconded the
motion and there was a unanimous vote to approve the minutes.
The meeting was adjourned at 8:20 p.m.
Sco Tripp, Chai an Teresa "Byrd, Recording ecretary
Rick Foster, Vice Chairman
S-1 -13
<?annndon Chandler, Planner II Date a