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12MINUTES13MINUTES HARNETT COUNTY BOARD OF ADJUSTMENT County Administration Building 102 East Front Street, Lillington, NC December 9, 2013 6:30 PM PUBLIC HEARING Board Members Present: Scott Tripp, Chairman; Rick Foster, Vice Chairman; Mary Jane Bartlett, Alternate Robert Doberstein and Alternate Richard Cruickshank. 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- 37 -13. Parker, Alan & Constance / Alan & Constance Parker & Richard Seagroves. A Baseball /Softball Batting Center in an RA -20R Zoning District; Anderson Creek Township; Pin # 0535 -21- 5773.000; SR # 1120 (Overhills Road). Landon Chandler gave the site analysis and Richard Seagroves represented the application. Chairman Scott Tripp asked how this case came to the board and Landon Chandler stated that the Fire Marshall found that it was a new business. Chairman Tripp asked if it was non - conforming and Landon Chandler stated yes, that permits were never applied for. Robert Doberstein asked if there was signage and Landon Chandler stated no, that was part of the permitting/review process. Mary Jane Bartlett asked if there was an issue with the driveway or easement and Landon Chandler stated with the nature of the business and it being by appointment only, they would not have to pave. Richard Cruicshank asked if the neighbors were aware and Landon Chandler stated that we had not received any negative comments on the application. Mr. Cruikshank asked if they would be limited on the number of cars /people and Landon Chandler stated yes. Chairman Scott Tripp asked if he could submit the application into the record and Richard Seagroves stated yes. Chairman Tripp asked what he wanted to present to the board and Mr. Seagroves stated to do a batting facility on this property. Mr. Seagroves stated that the neighbors were aware and they were here to go through the process. Chairman Tripp asked how it would impact the surrounding properties and Richard Seagroves stated there would be very little impact and had the approval of the neighbors. Chairman Tripp asked if the co- applicants lived on the property and Richard Seagroves stated yes. Chairman Tripp asked if it was a metal building and what was in the building prior. Mr. Seagroves stated he would have to defer that question to the owners. Chairman Tripp stated he felt the impact was already there and Mr. Seagroves agreed. Chairman Tripp asked about noise and how insulated the building would be to prevent noise and Mr. Seagroves stated that you can't hear thirty to forty feet outside, that the building was insulated very well, there have been no complaints. Rick Foster asked what the hours of operation would be and Mr. Seagroves stated Monday thru Friday from 5:00 p.m. to 9:00 p.m.; Saturday from 1:00 p.m. to 9:00 p.m. and Sunday from 2:00 p.m. to 6:00 p.m. Rick Foster asked how many vehicles there would be at one time and Mr. Seagroves stated a max of 5 to 6 vehicles. Rick Foster asked if he would have a few kids and family show up at one time and Mr. Seagroves stated yes. Rick Foster asked if it was strictly batting cages and Mr. Seagroves stated it was for instructional purposes only, ages 8 and under as well as all the way to 18 years of age. Rick Foster asked how long they had been operating and Mr. Seagroves stated about three months. Mary Jane Bartlett asked if he would be using the whole building and Mr. Seagroves stated yes. Mary Jane Bartlett asked if there would be any signage and Mr. Seagroves stated they were meeting all standards. Richard Cruickshank asked if there would be food or beverages on site in the facility and Mr. Seagroves stated no, there would be a seating area for families to sit and watch. Mr. Seagroves stated the only drinks would be water and Gatorade for the kids. Allan Parker came forth and was sworn in. Mr. Parker stated he was owner of the building and he could never hear any noise and he lived a few hundred feet away. Mr. Parker stated that the building was used for storage of AC supplies and he thought he had been through the process to do all of this. Chairman Tripp then told him that every time the use changes he has to go through this process, if it is not a permitted use. Chairman Tripp asked how long he had lived there and Mr. Parkers stated six years. Chairman Tripp asked what the building was used for originally and Mr. Parker stated a cabinet shop, that he rented the building. There was no opposition. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Tripp stated it was a needed facility, positive thing to do, impact was already there, but his concern was the noise. Rick Foster agreed and stated he felt it was in harmony with surrounding area, desirable use for the county, recreation for young people and there was no opposition. Robert Doberstein agreed and stated it was a nice set up. The checklist was completed and Rick Foster made a motion to approve, with the following conditions, that the hours of operation be Monday thru Friday from 5:00 p.m. to 9:00 p.m.; Saturday from 1:00 p.m. to 9:00 p.m. and Sundays from 2:00 p.m. to 6:00 p.m. Chairman Scott Tripp asked to amend the hours for Saturday from 9:00 a.m. to 9:00 p.m. and Rick Foster agreed. Robert Doberstein seconded the motion and there was a unanimous vote to approve the application. 2. BA- CU- 38 -13. J.H. Stewart Farm, Inc. / R.D. Lee Farms, Inc. A Nursery (plants, mulch, etc.) in an RA -40 Zoning District; Neill's Creek Township; Pin # 0589 -17- 3378.000; Intersection of US 421 S & NC 27 E. Landon Chandler gave the site analysis and David McCrae, attorney for applicant represented the application. Robert Doberstein asked if there was any signage with this request and Landon Chandler stated that was not necessary, because they can apply in permitting for that. Robert Doberstein asked if they wanted to place signage and Landon Chandler stated that he was originally asked to remove the sign. Chairman Scott Tripp asked if it was strictly for the sign and Landon Chandler stated no that this application was for the use. Mary Jane Bartlett asked why not a rezoning for this property and Landon Chandler stated with a rezoning there are more hearings and it is a longer process. Mr. Chandler stated that his request is an allowable conditional use. Chairman Scott Tripp asked if he could enter the application into the record and David McCrae stated yes. Chairman Tripp asked what he was asking of this board and David McCrae stated a mulch business. Mr McCrae stated they have been doing it for years and wanted to continue. Chairman Tripp then stated that he knew Mr. Lee and that it would not affect his decision in this case, but asked if there was anyone in opposition of him sitting in on the case and there was none. Chairman Tripp asked how it would impact the surrounding area and Mr. McCrae stated it would be in harmony, there would be very little noise, a tractor would be the only thing in operation, no night time operation and there would be very little traffic. Chairman Tripp asked if the ingress or egress would be off Hwy 27 or Hwy 421 and Mr. McCrae stated they would come off Old Stage Road. Landon Chandler stated that NC DOT would require them to come off Old Stage Road. Chairman Tripp asked if he intended to put any signage and Mr. McCrae stated a 4 x 8 painted on a 4 x 4 post, no lights. Chairman Tripp asked the hours of operation and Mr. McCrae stated Monday thru Friday from 8:00 a.m. to 5:00 or 6:00 p.m., Saturday from 9:00 a.m. to 12:30 p.m. and no Sundays. Mr. McCrae stated that they will load by appointment. Chairman Tripp asked what kind of mulch and Mr. McCrae stated ground cypress mulch and brick chips. Robert Doberstein asked if he would fence in any of the property and Mr. McCrae stated no. Rick Foster asked if they approved he would like to increase his hours to be more flexible and say daylight hours Monday thru Saturday. Mr. McCrae stated that would be fine with him. Mary Jane Bartlett asked how he would handle the noise and dust and Mr. McCrae stated there would be less dust than a tractor plowing a field, the mulch is stored damp, so there would not be a lot of dust. Richard Cruickshank asked if the process of the mulch and brick are in a different location and Mr. McCrae stated yes. Mr. McCrae stated there is no smell associated with this nor is there run off from this and would not do any harm to any property owners. William Denny Lee came forth to podium and stated he was the owner of RD Lee Farms Inc. Mr. Lee stated he had been in business for fifteen years, has never had any complaints and does business in both Harnett and Wake Counties. Mary Jane Bartlett asked about the noise and what equipment would be used and Mr. Lee stated a bob cat and there would be no noise generated and it was a very small operation. Robert Doberstein asked if he made mulch on site and Mr. Lee stated no, it was done at another location. Mary Jane Bartlett asked staff what buffering would be required and Landon Chandler came to podium stated it was A & D buffering and then explained what that was. There was no opposition. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Tripp stated it was a needed service, a lot of people use mulch, it was a small business, no impact to area and there was no opposition. Rick Foster agreed and stated it would fit right into the area. Mary Jane Bartlett asked if they were adding daylight to hours of operation and Chairman Tripp stated he was good with that. The checklist was completed and Rick Foster made a motion to approve the request with the following condition that the hours of operation would be daylight hours any day of the week. Mary Jane Bartlett seconded the motion and there was a unanimous vote. 3. BA- CU- 39 -13. Eadie, Barry & Helen. A Beauty Shop in an RA -20R Zoning District; Barbecue Township; Pin # 9577 -07- 2332.000; Off SR # 1203 (Calvary Church Road on Cypress Creek Farm Road). Landon Chandler gave the site analysis and Barry Eadie represented the application. Chairman Scott Tripp asked if this property was in a subdivision and Landon Chandler stated yes, Cypress Creek Farms. Chairman Tripp asked if there were any restrictive covenants in place and Landon Chandler stated that a business was not allowed. Rick Foster stated restrictive covenants were out of the scope of this board. Chairman Scott Tripp asked if he could enter the application into the record and Barry Eadie stated yes. Chairman Tripp asked what he was asking of this board and Mr. Eadie stated to operate a beauty salon out of his home. Chairman Scott Tripp asked how it would impact the surrounding area and Mr. Eadie stated he would not have a sign and it would be by appointment only. Chairman Scott Tripp asked if it was an attached garage and Mr. Eadie stated yes. Chairman Tripp asked how old the subdivision was and Mr. Eadie stated 1995. Chairman Tripp asked if he had read the covenants and Mr. Eadie stated yes, no signs or fences, but didn't remember anything else and no one else is going by the rules. Chairman Tripp asked if he was operating a salon and Mr. Eadie stated yes. Chairman Tripp asked if he operated somewhere else and Mr. Eadie stated yes and they just moved there in March. Rick Foster stated there will be no signage, how would he advertise and Mr. Eadie stated his clients were people in his church and neighbors. Rick Foster stated basically word of mouth and Mr. Eadie stated yes. Mary Jane Bartlett asked if there was an active Homeowners Association in that subdivision and Mr. Eadie stated no. Mary Jane Bartlett asked how much traffic per day and Mr. Eadie stated three or four cars a day. Mr Eadie then submitted evidence Exhibit A- Petition. There was no opposition. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Tripp stated he had mixed feelings, but he thought that this would open the door for any business. Mr. Tripp felt there were restrictive covenants there for a reason and this was not the intent. Rick Foster stated that people move into a subdivision to get protection and the covenants are a civil issue outside the scope of this. There is no mechanism to enforce the covenants. Mr. Foster stated there was no opposition expressed to try to preserve the subdivision. Mr. Tripp stated he felt that this was not the intent of the subdivision and that this was as simple beauty salon, but what if someone wanted to run a mulch business out of their backyard, it was his belief this was meant for residential use. Chairman Scott Tripp reopened the public hearing and asked Mr. Eadie back to podium. Chairman Tripp asked if he was aware of any other businesses in the subdivision and Mr. Eadie stated he didn't know, but he sees UPS delivering in the neighborhood Chairman Scott Tripp closed the public hearing again. Rick Foster stated talked about intent and covenants, county zoning allows businesses out of homes and there is no opposition. Mary Jane Bartlett stated we need to treat it like gunsmithing. The checklist was completed and Rick Foster made a motion to approve the request with no conditions. Mary Jane Bartlett seconded the motion and there was a 4 -1 vote with Chairman Tripp in opposition. Variance 4. BA- V- 04 -13. Stone Cross, Section 3, Phase 1, Developer: Stone Cross, LLC, Township: Anderson Creek, Location: Overhills Rd. (SR 1120), 7.18 acres, 17 Lots, RA -20R Zoning District, Applicant requests a variance to maximum street length requirement of 2,000 feet as stated in Article VII, Section 2.10 of Unified Development Ordinance. (Withdrawn) Landon Chandler stated that the applicant withdrew their application. Chairman Scott Tripp asked for a motion to dismiss the variance without prejudice. Rick Foster made a motion to dismiss the variance and Robert Doberstein seconded the motion and there was unanimous vote. The minutes for the November 2013 meeting were presented for approval. Robert Doberstein made a motion to approve the minutes as written. Rick Foster seconded the motion and there was a unanimous vote. There was no old business and the meeting was adjourned at 8:00 p.m. Tripp, Chaii Rick Foster, Vice Chairman Landon Chandler, Planner I1 Teresa Od, Recording S retary —/3 /4V Date