09Minutes13MINUTES
HARNETT COUNTY BOARD OF ADJUSTMENT
County Administration Building
102 East Front Street, Lillington, NC
September 9, 2013 6:30 PM
PUBLIC HEARING
Board Members Present: Scott Tripp, Chairman; Rick Foster, Vice Chairman; Mary Jane
Bartlett, Gunnar Henderson and Alternate Don Harrop. Planning Staff Present: Landon
Chandler, Planner II, Matt Talbott, Planner I; Randy Baker, Senior Zoning Inspector 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
Tabled from the August 12, 2013
BA- CU- 27 -13. Hasapis, Angelo & Kelley / American Towers, LLC c/o Thomas H
Johnson, Jr., Nexsen Pruet, PLLC. A Telecommunications Tower in an RA -20R
Zoning District; Anderson Creek Township; PIN # 0506 -40- 0522.000; Off SR # 1117
(Nursery Road off Cypress Drive on Palmetto Drive). Landon Chandler gave the site
analysis and Thomas Johnson, Attorney for Nexsen Pruet, PLLC represented the
application. Chairman Scott Tripp asked if the tower would be 200 feet without
lighting and Landon Chandler stated yes. Chairman Scott Tripp stated it would be 250
feet with the lighting and Landon Chandler stated yes. Don Harrop asked what a
monopole looked like and Landon Chandler stated it was a self - supporting tower with
no guide wires. Don Harrop asked if lighting was required by the FAA and Landon
Chandler stated yes. Rick Foster stated it was in close proximity to a military area and
cell towers stick up high and what process was in place, because of it being close to a
military installation and Landon Chandler stated that a condition could be placed that
it go through FAA submittal and the application go to Fort Bragg. Rick Foster stated
he did not have a problem with placing that condition. Landon Chandler stated that
occurs automatically, but could add as a condition. Mary Jane Bartlett asked if Fort
Bragg reviewed approval and Landon Chandler stated yes as part of the military
corridor overlay. Mary Jane Bartlett asked what recourse was there for that and
Landon Chandler stated they would not pass the site plan process. Rick Foster asked
if the tower was in the military overlay and Landon Chandler stated not to his
knowledge. Chairman Scott Tripp asked if he could submit the application into the
record and Thomas Johnson stated yes. Chairman Scott Tripp asked what he was
asking of this board and Thomas Johnson stated a 250 monopole tower. Chairman
Scott Tripp asked how it would impact the surrounding area and Thomas Johnson
stated it would provide better service and there would be no impact. Chairman Scott
Tripp asked if he had any additional information and Thomas Johnson went on to tell
why the tower was needed. Mr. Johnson stated that there was a compromise on the
250 feet monopole design, because they were originally asking for a 300 foot lattice
tower. Mr. Johnson stated after speaking with the consultant of Harnett County that
was what they came up with on the compromise. Mr. Johnson stated it was slimmer in
size, no adverse effect on adjacent property owners and Fort Bragg would be notified.
Chairman Scott Tripp asked about the setback and Landon Chandler stated that it is
110% of what the tower height is. Chairman Scott Tripp asked if that was the
minimum needed and Thomas Johnson stated yes, to provide the coverage which will
provide additional carriers more opportunity. Mary Jane Bartlett asked where the
power would come from and Mr. Johnson stated overhead power comes up the
property line. Mary Jane Bartlett asked if it come up Cypress and Mr. Johnson stated
yes. Chairman Scott Tripp then stated he worked for a power company, that would be
supplying the power to this site and it would not sway his decision in any way. There
was no opposition. Rick Foster asked if there would be shielding on the lighting and
Mr. Johnson stated there would be strobe lights during the day. Rick Foster asked if
they were in agreement with Cityscape and Mr. Johnson stated yes. Don Harrop
asked why the monopole and Mr. Johnson stated that Mr. Edwards with City Scape
wanted it and it would be more consistent and less intrusive, but a lattice tower would
be less expensive. There was no opposition
Chairman Scott Tripp closed the public hearing and had board discussions. Chairman
Tripp stated there would be very little impact and that was as good place. Chairman
Tripp stated that the conditions are spelled out in the consultant's report and people are
more acceptable to cell towers now because of all the cell phone usage. Rick Foster
agreed and stated they were filtering the light and thought they had done their
homework. Gunnar Henderson agreed and stated there would be no noise and felt
people would not even notice after a while.
The checklist was completed and Rick Foster made a motion to approve the request
with the conditions, that that it meets all conditions set forth by consultant and that it is
sent to Fort Bragg for review. Mary Jane Bartlett seconded the motion and there was a
unanimous vote.
Conditional Use
2. BA- CU- 28 -13. Wiggins, Johnny & Barbara Jo. A Doublewide Manufactured Home
in an RA -30 Zoning District; Grove Township; PIN # 0599 -85- 1202.000; SR# 2011
(Erwin Chapel Road). Matt Talbott gave the site analysis and John Wiggins, Jr.
represented the application. Chairman Scott Tripp asked if the non - conformity was
found at inspection and Matt Talbott stated yes. Don Harrop asked if the underpinning
was non - conforming and Landon Chandler stated that the zoning inspection was
performed before the final inspection and that was where it was found. Chairman
Scott Tripp asked if it was supposed to be masonry underpinning and Landon
Chandler stated yes. Landon Chandler stated that it was an error and slipped through
permitting. Mr. Chandler stated that generally they are told what they have to do, by
signing a paper stating so. Chairman Scott Tripp asked if he could submit the
application into the record and Johnny Wiggins stated yes. Chairman Scott Tripp
asked what was he asking of this board and Mr. Wiggins stated a waiver of the
masonry underpinning. Mr. Wiggins stated they had got to the zoning inspection and
was informed they could not use vinyl underpinning. Mr. Wiggins stated he already
had $1,700 invested in the vinyl underpinning. Mr. Wiggins stated that the home was
coming from another county and did not realize they had to have brick. Mr. Wiggins
stated that they came and got the permit and was never told they had to have brick
underpinning. Mr. Wiggins stated that his salesman suggested the vinyl, because he is
on a fixed income. Chairman Scott Tipp asked how it would impact the surrounding
properties and Mr. Wiggins stated there would be no impact, that they would improve
the lot to make it look great. Chairman Scott Tripp asked what county was the
manufactured home coming from and Mr. Wiggins stated Wake County. Chairman
Scott Tripp asked if he hired a contractor to move the home and Mr. Wiggins stated
yes. Chairman Tripp asked if they were unaware of the regulations and Mr. Wiggins
stated yes. Chairman Scott Tripp asked if he was living in the home now and Mr.
Wiggins state yes, that they got a temporary power pending the outcome of the
meeting. Rick Foster stated you got the permits to move the home and the mistake
was no fault of his own and Mr. Wiggins stated yes. Rick Foster asked if he would be
willing to do some landscaping if the board allowed the vinyl to stay and Mr. Wiggins
stated he had planned on doing that and that would not be a problem. Don Harrop
asked if there were other homes like his in the neighborhood and Mr. Wiggins stated
there were brick homes, singlewide manufactured homes, doublewide manufactured
homes and other stick built homes, so there was a mixture. Don Harrop asked if he
bought the home brand new and Mr. Wiggins stated yes. Mary Jane Bartlett asked if
masonry underpinning was expensive and Mr. Wiggins stated approximately $8, 000
to $10,000 dollars. Mary Jane Bartlett asked if they were making improvements and
Mr. Wiggins stated yes. Landon Chandler stated that permitting had a standardized
paper for people to sign in this zoning district doing doublewide manufactured homes,
but somehow it was not given and not in the file. Chairman Scott Tripp stated an error
was made and Landon Chandler stated yes. Mary Jane Bartlett asked if he would have
a sidewalk and Mr. Wiggins stated he wanted something. Mary Jane Bartlett stated
that she would go along with it if there was a condition placed that he would need to
landscape, sidewalk improved to driveway and Mr. Wiggins stated his driveway would
be crush -n -run, but would possibly do a concrete sidewalk. There was no opposition.
Chairman Scott Tripp closed the public hearing and had board discussions. Chairman
Scott Tripp stated that his initial thoughts was an error and no fault of his own and
would allow with a condition that there be landscaping to buffer the vinyl. Rick Foster
agreed and agreed with the condition. Mary Jane Bartlett stated it should be ever
green in nature and Don Harrop disagreed on deciding what landscape a person can
have. Mr. Harrop stated that Mr. Wiggins cares about where he lives, what his house
looks like, wants it to look nice and I think he can be trusted. Mr. Harrop stated he
didn't think they needed to tell what kind of plantings and Chairman Tripp stated it
needed to be covered year round.
The checklist was completed and Rick Foster made a motion to approve the request
with the conditions, that the front of the home be landscaped to hide the vinyl. Mary
Jane Bartlett seconded the motion and there was a 4 -1 vote in favor with board
member Don Harrop opposed.
The minutes for the August 2013 meeting were presented for approval. Don Harrop
made a motion to approve the minutes as written. Gunnar Henderson seconded the
motion and there was a unanimous vote to approve.
There was no old or new business and the meeting was adjourned at 8:10 p.m.
ripp, Chai
Rick Foster, Vice Chairman
(:D" &Ad
Teres yrd, Record' g Secretary
andon Chandler, Planner II Date