06Minutes13MINUTES
HARNETT COUNTY BOARD OF ADJUSTMENT
County Administration Building
102 East Front Street, Lillington, NC
June 10, 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; 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- 17 -13. Beckner, Larry Ernest. Gunsmithing in an RA -20M Zoning District;
Pin # 0664 -72- 3196.000; Black River Township; Off SR 1441(Chalybeate Springs
Road on Jordan Road). Matt Talbott gave the site analysis and Larry Beckner
represented that application. Chairman Scott Tripp asked if he could enter the
application into the record and Mr. Beckner stated yes. Chairman Scott Tripp asked
what he was asking of the board and Mr. Beckner stated that he wanted to do a
gunsmithing business. Mr. Beckner stated he wanted to start out of his house to
hopefully one day open a store front. Chairman Scott Tripp asked how it would
impact the surrounding area and Mr. Beckner stated it would not. Chairman Scott
Tripp asked if he had any additional information and Mr. Beckner stated that he would
not advertise, that it would be word of mouth and by appointment only. Mr. Beckner
stated he would be doing things such as: mounting scopes; cleaning and small part
repair. Chairman Scott Tripp asked if he would have any deliveries and Mr. Beckner
stated yes. Chairman Scott Tripp asked if there would be any discharge of weapons on
this property and Mr. Beckner stated no, that he would go to a shooting range.
Andrew Ruhland asked about his business he had for twenty three years and Mr.
Beckner stated he had a firearms business in Virginia. Andrew Ruhland asked if he
possessed a FFL license and Mr. Beckner stated he had one, but turned it in when his
partner passed away. Andrew Ruhland asked if he did the same there as he was asking
for here and Mr. Beckner stated yes. Andrew Ruhland asked if there would be any
signage and Mr. Beckner stated no, strictly word of mouth. Mary Jane Bartlett asked
if he would be buying and selling firearms and Mr. Beckner stated no not until he
opens a store front. Rick Foster asked if there would be any external changes to his
house and Mr. Beckner stated no. There was no opposition.
Chairman Scott Tripp closed the public hearing and had board discussions. Andrew
Ruhland thought it would blend in, Chairman Scott Tripp stated there would be little to
no impact and Rick Foster thought it was a good use.
The check list 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
unanimous vote.
2. BA- CU- 18 -13. Smith, Edward K & Rubye B. / West, Ron & Mike Smith. A Fire
Protection Business in an RA -20R Zoning District; Pin # 0507 -24- 1937.000; Barbecue
Township; SR 1116 (Doc's Road). Matt Talbott gave the site analysis and Michael
Smith represented the application. Chairman Scott Tripp asked if approved would it
have to be subdivided and Matt Talbott stated that staff would recommend it to be
subdivided. Mary Jane Bartlett asked if it would go through the DOT review and Matt
Talbott stated yes. Landon Chandler, Planner II stated it depended on how DOT views
it, but we would get some sort of approval. Rick Foster asked if approved would they
have to subdivide the parcel and Landon Chandler stated yes, that the minimum
acreage would be 20,000 square feet and it appears they would have no issues.
Andrew Ruhland then disclosed that he knew Ron West and Michael Smith, which
were his wife's first cousins, but it would not affect his decision in this case.
Chairman Scott Tripp then asked if there was anyone that had any issue with Mr.
Ruhland remaining on case and there was none. Chairman Scott Tripp asked if he
could submit his application into the record and Michael Smith stated yes. Chairman
Scott Tripp asked what he was asking of this board and Mr. Smith stated he wanted to
move his fire protection business from Spring Lake. Chairman Scott Tripp asked how
it would impact the surrounding community and Mr. Smith stated there would be no
walk in traffic, no store front and employees would only be coming to the shop two to
three times a week. Mr. Smith stated there would be very minimal traffic flow.
Chairman Scott Tripp asked if he had any additional information and Mr. Smith stated
he had been in this business for 19 years and there would be no noise except for
compressors. Chairman Scott Tripp asked where his business was located now and
Mr. Smith stated in Spring Lake. Andrew Ruhland asked if the building on the
property was used as storage and Mr. Smith stated yes, by the original homeowners.
Andrew Ruhland asked if it had metal siding and Mr. Smith stated yes. Andrew
Ruhland asked if he would have any security lighting and Michael Smith stated no.
Andrew Ruhland asked if he would be putting an office in the building and Mr. Smith
stated it was a two story building and he would have the office upstairs. Rick Foster
asked what changes would the neighbors see and Mr. Smith stated one or two trucks,
but no other changes. Rick Foster asked if there would be any signage and Mr. Smith
stated no. Rick Foster asked from a neighbors perspective they would see service
trucks going in and out and Mr. Smith stated yes, Monday -Friday from 9:OOa.m. to
5:00 p.m. Rick Foster stated no retail; Andrew Ruhland stated no Saturday — Sunday
operation and Mr. Smith stated no.
Thomas Lee Brook came forth with some questions and not necessarily in opposition.
Mr. Brook stated he was the manager and owner of McCormick Farms that were
across the street. Mr. Brook asked what would keep this commercial use from
changing over time and becoming a nuisance to the community and Chairman Scott
Tripp stated that if the use changes they would have to come back for another
approval, because they will maintain a residential zoning. Landon Chandler, Planner
II stated that no other commercial use can be utilized or any expansion made without
coming back to this board. Mr. Brook had concerns that the enforcement would be up
to the neighbors and the property values would change. Andrew Ruhland asked what
he did in his business and Mr. Brook stated beef, cattle and timber. Andrew Ruhland
asked if he would be able to see this business from his house and Mr. Brook stated no.
Mary Jane Bartlett asked if there were any other businesses on this road and Thomas
Brook stated a landfill.
Chairman Scott Tripp called the applicant back to the podium. Mary Jane Bartlett
asked if he knew of any other businesses on that road and Mr. Smith stated none come
to mind. Mary Jane Bartlett asked if he would have any outside storage and Mr. Smith
stated no, it would all be inside of the building. Mary Jane Bartlett asked what utilities
does he use and Mr. Smith stated water, septic, electric, etc.
Chairman Scott Tripp closed the public hearing and had board discussions. Rick
Foster stated he had requested a low impact commercial use and it was consistent with
conditional use process. Mr. Foster stated there would be no changes to the property;
no retail store and would be putting an abandoned building to use. Chairman Scott
Tripp, Mary Jane Bartlett and Andrew Ruhland all agreed.
The checklist was completed and Rick Foster made a motion to approve with the
conditions that the 10.6 acre tract be subdivided to separate the commercial part of
property. Andrew Ruhland seconded the motion and there was a unanimous vote.
3. BA- CU- 19 -13. HM's Kids Inc./ American Towers LLC. A Telecommunications
Tower in a Commercial Zoning District; Pin # 9585 -64- 8390.000; Barbecue
Township; Off Hwy 87 S (Off HM Cagle Drive on Mittie Haddock Drive). Landon
Chandler gave the site analysis and Thomas Johnson, Attorney for American Towers
represented the application. Chairman Scott Tripp asked for staff to remind him of the
setback for cell towers and Landon Chandler, Planner II stated there shall be no
structures in the fall zone. Andrew Ruhland asked if it came to them because it backs
up to residential and Landon Chandler stated all new towers come to this board. Rick
Foster questioned how the proposed tower was near Fort Bragg and asked if it would
have to go through them and Landon Chandler stated that Fort Bragg would review.
Chairman Scott Tripp asked if he could enter the application into the record and Mr.
Johnson stated yes. Chairman Scott Tripp asked what he was asking of this board and
Mr. Johnson stated to erect a 199 foot cell tower at this location. Chairman Scott
Tripp asked how it would impact the surrounding properties and Mr. Johnson stated it
would not. Chairman Scott Tripp asked if he had any additional information and Mr.
Johnson stated they were there because of the need for more cell towers. Mr. Johnson
went on to say that the trend using wireless phones rather than land line phones was
here. Mr. Johnson stated that it would help with better coverage data, internet use and
improve with the access of data from the device. Mr. Johnson went on to say that
from 2007 to 2016 there is expected a thirteen times increase in usage. Rick Foster
then asked questions in reference to the FFA and Fort Bragg and if he received
approval from them and Mr. Johnson stated they already had approval from the FFA
and the 199 foot tower would not be lighted, but would accommodate Fort Bragg so
they will be able to see them and know where they are at. Andrew Ruhland asked
about the landscaping and Mr. Johnson stated they would comply with whatever is
required. Mr. Johnson stated that they have a process that has to be followed.
Chairman Scott Tripp asked how high the fence at the base of the tower would be and
Mr. Johnson stated eight feet. Chairman Scott Tripp asked if the tower would be
shared with other providers and Mr. Johnson stated yes, it would be built for
collocation. Mary Jane Bartlett asked if the engineering was done and Mr. Johnson
stated it was done with all other government applications concurrently. Mary Jane
Bartlett asked what size was the foot print that was leased and Mr. Johnson stated 100
X 100 area. Mary Jane Bartlett asked where the access would be and Mr. Johnson
stated off Hwy 24/87. Mary Jane Bartlett asked if the drive would be off Hwy 87 and
Mr. Johnson stated yes. Andrew Ruhland asked how long was the lease for and Mr.
Johnson stated 20 to 30 years. Mr. Johnson then entered Exhibit A & B the balloon
test ariel photo into the record. Rick Foster asked if there was a county water tower
close to this and Mr. Johnson stated that there had been a case study done of the site
and all the detailed justification was in the packet as everything is looked at. Rick
Foster asked if this was the minimum height to meet the needs and Mr. Johnson stated
yes. Landon Chandler stated that the minimum setback for this tower is 110% of the
proposed tower height which would be 220 feet. Mr. Chandler stated that the required
buffer was a Level 4 -Level 1 Type B buffer. There was no opposition.
Chairman Scott Tripp closed the public hearing and had board discussions.
Mary Jane Bartlett stated they provided ample information and the county consultant
had reviewed. Chairman Scott Tripp agrees and stated that it was more acceptable
because it is part of our daily lives. Rick Foster stated that cell towers were part of the
landscape, it complies with county ordinance, very low impact, and there was a need
for better cell coverage. Mr. Foster stated he would approve with the conditions that
they obtain FFA and Fort Bragg approval.
The checklist was completed and Rick Foster made a motion to approve with the
conditions that all the conditions in the letter from county consultant Cityscape be
followed as well as get approval from Fort Bragg. Andrew Ruhland seconded the
motion and there was a unanimous vote.
Chairman Scott Tripp called a recess at 8:00 p.m.
Chairman Scott Tripp called the meeting back to order 8:10 p.m.
4. BA- CU- 20 -13. Bergman, Mary H. / American Towers LLC. A Telecommunications
Tower in an RA -20R Zoning District; Pin # 9564 -23- 9691.000; Johnsonville
Township; SR 1108 (Cameron Hill Road). Landon Chandler gave the site analysis
and Thomas Johnson, Attorney for American Towers represented the application.
Chairman Scott Tripp asked because the home was there would they have to subdivide
and Landon Chandler stated it was not recommended to subdivide. Chairman Scott
Tripp stated there was no natural timber for buffering and Landon Chandler stated it
would have Group Level 4 with a type B buffer. Chairman Scott Tripp stated no
structure in fall zone and Landon Chandler stated yes. Chairman Scott Tripp asked if
he could enter his application into the record and Mr. Johnson stated yes. Chairman
Scott Tripp asked what he was asking of this board and Mr. Johnson stated the
approval of a 300 foot new cell tower. Chairman Scott Tripp asked how it would
impact the surrounding area and Mr. Johnson stated it would not and a study was
submitted. Chairman Scott Tripp asked him to explain this tower and Mr. Johnson
stated the need is the same as far as the data and wireless coverage, it was a more rural
area and there was a need for a taller tower. Mr. Johnson stated it would be a lattice
tower with no guide wires and there would be no impact to the area. There was no
opposition.
Chairman Scott Tripp closed the public hearing and had board discussions. Andrew
Ruhland stated the same guidelines as the one before and felt it was a needed use.
Chairman Scott Tripp agreed and thought it was acceptable. Rick Foster stated that
the county consultant had recommended with conditions and it was in the Fort Bragg
area.
The checklist was completed and Rick Foster made a motion to approve with the
conditions that all the conditions in the letter from county consultant Cityscape be
followed as well as get approval from Fort Bragg. Mary Jane Bartlett seconded the
motion and there was a unanimous vote.
Variance
5. BA- V- 02 -13. Central Harnett Hospital / Mike Jones. This is a request for a variance
on the 10 foot setback off the public right of way for the Central Harnett Hospital sign
at the roundabout off Brightwater Drive; Pin # 0651 -70- 1090.000. Landon Chandler
gave the history of the site and Mike Jones, Administrator with Central Harnett
Hospital represented the application. Chairman Scott Tripp asked when the
encroachment was discovered and Landon Chandler stated when there was a final on
the sign permit. Andrew Ruhland asked who's fault and Landon Chandler stated no
one knows at what point it happened because of all the development going on.
Andrew Ruhland asked if it was three to four feet off line and Landon Chandler stated
yes. Chairman Scott Tripp asked why the county would not require a footing
inspection and Landon Chandler stated it was not considered a structure. Chairman
Scott Tripp asked if he could submit the application into the record and Mike Jones
stated yes. Chairman Scott Tripp asked what he was asking of this board and Mike
Jones stated a variance for the setback of the sign in front of the hospital. Chairman
Scott Tripp asked how it would impact and Mike Jones stated there would be no
impact and it was not a safety issue. Chairman Scott Tripp asked if he had any
additional information and Mike Jones stated that he wanted to clarify on the
permitting process. Mr. Jones stated that the site plan was approved by the county, but
this was before the road work was designated. Mr. Jones stated the placement of the
sign was based on storm water ponds. Mr. Jones stated that there was a redesign of the
circle which had coordinate issues. Gunnar Henderson asked if it would be a job to
move the sign and Mike Jones stated too expensive to demolish and put back. Mary
Jane Bartlett asked what the sign would cost and Mike Jones stated $20,000.00 dollar
range. Mr. Jones stated that removing would have a negative impact on the storm
water ponds. There was no opposition.
Chairman Scott Tripp closed the public hearing and had board discussions. Andrew
Ruhland stated that applicant testified that the project was built from a mass project;
intersection was upgraded to round a bout; it is for emergency purposes and that alone
carries weight. Chairman Scott Tripp stated if he allowed encroachment it would be
because of it being for emergency purposes. Rick Foster felt it was a unique case; it
was a complex structure and felt it was justified.
The checklist was completed and Rick Foster made a motion to approve the variance.
Andrew Ruhland seconded the motion and there was a unanimous vote.
6. BA- V- 03 -13. Central Harnett Hospital / Mike Jones. This is a request for a variance
on the 10 foot setback off the public right of way for the Central Harnett Hospital sign
at the Emergency Entrance off Amber Leaf Trail. Pin # 0651 -70- 1090.000. Landon
Chandler gave the history of the site and Mike Jones, Administrator with Central
Harnett Hospital represented the application. Chairman Scott Tripp asked if he could
enter the application into the record and Mike Jones stated yes. Chairman Scott Tripp
asked if the same circumstances existed with this sign and Mike Jones stated yes.
Chairman Scott Tripp asked him to explain the difference, if any from the other sign
and Mike Jones stated this was at the emergency entrance and it was more important,
because it flows the traffic coming from both directions. Mr. Jones stated it would
have a negative impact on the storm water ponds as well. There was no opposition.
Chairman Scott Tripp closed the public hearing and had board discussions. All board
members felt the same as the previous variance.
Andrew Ruhland made a motion to approve the variance with the same six findings
from BA- V- 02 -13. Rick Foster seconded the motion and there was a unanimous vote.
The minutes for the May 2013 meeting were presented for approval. Andrew Ruhland
made a motion to approve the minutes as written. Mary Jane Bartlett seconded the
motion and there was a unanimous vote to approve the minutes.
There was no old or new business and the meeting was adjourned at 9:22 p.m.
ott Tripp, C rman
Rick Foster, Vice Chairman
Id
Teresa Byrd, Recor`± 'ng Secretary
L-Tandon Chandler, Planner II Date 17-