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02MINUTES14MINUTES HARNETT COUNTY BOARD OF ADJUSTMENT County Administration Building 102 East Front Street, Lillington, NC February 10, 2014 6:30 PM PUBLIC HEARING Board Members Present: Scott Tripp, Chairman; Rick Foster, Vice Chairman; Andrew Ruhland, Gunnar Henderson 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. Old Business Tabled from the January 13, 2014 Meeting 1. BA- CU- 0I -14. AAMH Inc. CIO Ahmed M. Abadi I Glenn, Robert. A Cafe in an RA- 20R Zoning District; Johnsonville Township; PIN # 9565 -97- 8475.000; NC Hwy 24. Chairman Scott Tripp gave a synopsis of the case from the previous meeting. Chairman Scott Tripp asked the owner to come to the podium and Joan & Ahmed Abadi came forth. Chairman Scott Tripp stated that on the cemetery side they had issues with people cutting across the cemetery and the trash that was blown in the cemetery. Chairman Tripp stated they requested that the board place a condition to put a privacy fence along the cemetery side. Mrs. Abadi stated they would do whatever was necessary, but stated she did not know of any other business that had a privacy fence and they had no control of people walking through cemetery. Chairman Scott Tripp state the other neighbors had concerns about trash, dumpster and sewage problems. Mrs. Abadi stated they try to keep it clean and they would put a sign stating that it was a private drive to eliminate the parking on his property or may even put a barrier up to easily remedy that problem. Chairman Scott Tripp asked if there were old fuel tanks still in the ground and Mrs. Abadi stated they had been checked and cleared by the environmental people with the state. Mrs. Abadi stated they are checked on a regular basis. Rick Foster stated that fast food restaurants do have fences around them, to contain the trash and control trespassers. Mr. Foster stated that at the last meeting, the privacy fence would go back a good distance, but looking at the property, the board is willing to put some conditions on the fencing. Mrs. Abadi asked what type of fencing and Rick Foster stated a six foot privacy fence. Mrs. Abadi asked if it was because of the restaurant that they have to put up the fence and Rick Foster stated yes, because the convenience store is already there. Chairman Scott Tripp asked Ahmed Abadi to come to the podium. Chairman Scott Tripp stated at the last meeting it was requested a privacy fence on both sides of the business. Rick Foster stated that it would have to go fifty feet back from building and Landon Chandler came to podium and stated they might would need to be more specific on the length. Charles Edward Cooley came to the podium in opposition. Mr. Cooley stated that he was approached by his neighbor and he wanted to make the business happen. Mr. Cooley stated that Mr. Abadi wanted to be a good neighbor and he wanted to approve the business. Mr. Cooley stated he is putting a bathroom in business and run lines. Mr. Cooley stated it would be for the growth of his business and all we asked for was communication. Mr. Cooley stated he hoped everything worked out for them. Chairman Scott Tripp stated that was good to hear that they had come together trying to resolve the issues. Chairman Scott Tripp asked if he was still wanting a privacy fence and Mr. Cooley stated yes. Chairman Scott Tripp asked how much privacy fence would he like to see and Mr. Cooley stated where he is not seeing any activity maybe 100 to 150 feet back. Mr. Cooley approached the board to show how far back he would like to see the privacy fence. Landon Chandler stated he called and checked with NC DOT in case a fence condition was placed. Mr. Chandler stated it has to be at least 10 feet off of the right of way. Rick Foster stated he would recommend a 6 foot privacy fence as close to Hwy 24/27 as not to be in NC DOT right of way, back to curve in driveway on the Cooley side. Mr. Cooley stated he would like to see the dumpster moved to the other side, but thought the length of privacy fence was more than enough. Rick Foster stated the privacy fence would also help with trespassers and Mr. Cooley agreed. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Scott Tripp stated that it was a viable business and Mr. Glenn presented a good plan. Chairman Tripp stated the two neighbors came together and worked things out. Chairman Tripp stated that he approved of some fencing, without putting a major burden on the landowner. Rick Foster agreed and thought it was an appropriate location. Mr. Foster stated there are not many take out places and there was concerns with trespassers on both sides of the convenience store. Mr. Foster stated he was leaning toward a fence to block trash on both sides of the business. Andrew Ruhland stated the board could not put a fence on Cooley side and not cemetery side. Richard Cruickshank asked that there be more specifics on the fencing and asked why the trash dumpster was not contained. Chairman Scott Tripp stated the convenience store business is grandfathered. Mr. Cruickshank asked about the parking spaces and Landon Chandler stated it requires three parking spaces and it is based on tables. Mr. Chandler stated there would be no eat in area and the ordinance allows shared parking. Rick Foster stated he was in favor of some sort of barrier for trespass and was inclined to go with Andrew Ruhland and put on both sides. The checklist was completed and a motion was made by Rick Foster with the conditions that the applicant put a privacy fence along the eastern property line on the Cooley side as close to the NC DOT right of way to the bend in the driveway. The hours of operation Sunday through Thursday 10:00 a.m. to 9:00 p.m.; Friday & Saturday from 10:00 a.m. to 10:00 p.m. Andrew Ruhland seconded the motion and there was a unanimous vote. New Business 2. BA- CU- 03 -14. Hemby, Matthew & Cindy Jo. A Gunsmith Shop in an RA -30 Zoning District; Upper Little River Township; PIN # 0528 -09- 6944.000; Off SR 1244 (Moore's Chapel Road on Bogie Landing Drive). Matt Talbott gave the site analysis and Matthew Hemby represented the application. There was no questions for staff. Chairman Scott Tripp asked if he could submit the application into the record as submitted and Matthew Hemby stated yes. Chairman Tripp asked what he was asking of this board and Matthew Hemby stated put in a gunsmith shop. Chairman Tripp asked how it would impact the surrounding area and Mr. Hemby stated it would not. Mr. Hemby stated the neighbors would not even know it was there. Chairman Tripp asked if he had any additional information and Matthew Hemby stated he wanted to be a good neighbor, it would be quiet and he would provide a service to people that need it. Chairman Tripp asked if he would have internet sales and Mr. Hemby stated maybe, but he didn't sale on internet and really don't have an interest. Chairman Tripp asked if he was only going to repair guns and if there would be any testing. Mr. Hemby stated he had a test case and if open he would test. Chairman Tripp asked if he had some way to capture the lead and Mr. Hemby stated he did not do open fire. Chairman Tripp asked how much traffic would there be and Mr. Hemby stated one a day if that. Chairman Tripp asked if there would be any signage and Mr. Hemby stated maybe over the building. Andrew Ruhland asked if he had his Federal Firearm Liscense and Mr. Hemby stated yes. Mr. Ruhland asked if there would be a gun vault and Mr. Hemby stated he had a homemade gun capture. Andrew Ruhland asked how many years had he been doing that and Mr. Hemby stated since 1964. Andrew Ruhland asked if there would be any modifications and Mr. Hemby stated no, just repair to driveway. Andrew Ruhland asked if he had put in his application yet and Mr. Hemby stated no, that he had to get approved. Vernon Todd Reynolds came forth in favor and not in opposition, but he had some questions. Mr. Reynolds stated he had concerns about traffic and hoped there would not be a lot of foot traffic. Landon Chandler stated if they are a good group of neighbors, they should draft a road maintenance agreement. Chairman Tripp asked if he was suggesting as a condition and Landon Chandler stated no. Chairman Scott Tripp then closed the public hearing and had board discussions. Chairman Tripp stated it was a growing business and the board has had a lot of them come through. Mr. Tripp stated it was a needed business and it was off the road out of sight. Mr. Tripp stated he did not see a problem and there would be minimal foot traffic. Rick Foster agreed and thought it was a suitable location. Mr. Foster stated they had a lot of request for this type of business and it would be very low impact on neighbors. Andrew Ruhland agreed and felt it was safe. 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. BA- CU- 04 -14. Bowden, Joseph & Barbara / Joseph T. Bowden II. A Mini Storage Facility in an RA -20R Zoning District; Anderson Creek Township; PIN # 0525 -14- 4901.000; SR # 1120 (Overhills Road on Hanna Lane). Landon Chandler gave the site analysis and Joseph Bowden II represented the application. Chairman Scott Tripp asked what the buffering requirements were for this facility and Landon Chandler explained it would require Type A & Type D from the ordinance. Mr. Chandler stated that the whole facility would have to be fenced in. Chairman Tripp asked if it would be required to be paved or graveled and Landon Chandler stated gravel could be utilized, but if he had an office it would be required to be paved. Rick Foster asked if the project would go through the commercial site plan process to prevent light trespass and Landon Chandler stated yes. Rick Foster asked if it would go through NC DOT because of the poor site distance and Landon Chandler stated yes, that they would have to get a driveway permit. Rick Foster asked if there would be any outside storage and Landon Chandler stated yes. Rick Foster asked if the commercial site plan would say where the outside storage would be and Landon Chandler stated yes. Chairman Scott Tripp asked if he could submit the application into the record and Joseph Bowden stated yes. Chairman Tripp asked what he was asking of the board and Joseph Bowden stated he wanted to do a small mini storage facility and it would be by appointment only. Chairman Tripp asked how it would impact the surrounding area and Mr. Bowden stated there would be no impact. Chairman Tripp asked if he had any additional information and Mr. Bowden stated there would be no large impact. Chairman Tripp asked the hours of operation and Mr. Bowden stated there would be an automatic key pad. Mr. Bowden stated that he would be cleaning up the burned out house and mobile home on the property now. Chairman Tripp asked if he would be removing both structures and Mr. Bowden stated yes. Richard Cruickshank asked if it would be by appointment only and there would be no office and Mr. Bowden stated there would be no office. Mr. Cruickshank asked about security and Mr. Bowden stated there would be LED lighting, 10 foot chain link fence and the storage will be shipping containers or connexes. Richard Cruickshank stated it was not the ordinary mini storage units. Landon Chandler stated that it had been discussed with the building codes administrator and he had no problem with them as long as they were anchored down. Rick Foster asked if the commercial site plan process would look at that and Landon Chandler stated whatever is required. Mr. Bowden stated that the containers can be sandblasted and painted, so they will all be the same color. Rick Foster asked if he owned the adjacent land and Mr. Bowden approached the board and showed them the land the he and his family owned. Andrew Ruhland asked about the color choice and Mr. Bowden stated it would be a tan color. Richard Cruickshank asked how long the units were and Mr. Bowden stated he was starting with the ones twenty feet long. Rick Foster asked if he owned other storage facilities and Mr. Bowden stated no. Carolyn Shaw came forth in opposition and stated that her sister lived adjacent to this property and she was part owner of her parents estate. Chairman Scott Tripp asked her to come and show the board where the house was that her sister lived in. Chairman Tripp asked her how close is her house and Ms. Shaw stated one quarter of a mile. Chairman Tripp asked her what was her concerns and Ms. Shaw stated poor visibility, because there is a bad curve and a hill, traffic and there is a subdivision across the road. Ms. Shaw stated that it was not keeping in character with the area and she wanted it kept like it is. Ms. Shaw stated it is not zoned for businesses. Evelyn Ford Shaw came forth and is part owner of her parents estate. Ms. Shaw stated that her concerns were the location, the structures, very dangerous curve. Ms. Shaw stated she was concerned with the traffic, the appearance and character of the property. Another concern was the noise it might generate and what it will mean in the future for the area. Peggy Harty came forth and stated she lived in the subdivision. Ms. Harty stated there were approximately thirty to forty houses and it was dangerous getting onto Overhills. Ms. Harty stated her concerns were the traffic and it being a residential area. Tony Suttle came forth with concerns about the traffic. Joseph Bowden Sr. came forth in favor of what his son was doing and stated that you can see a distance of more than a football field and thought the visibility was good. Rick Foster asked Joseph Bowden II back to the podium. Mr. Foster asked if he had heard the concerns of his neighbors about traffic and asked how many cars did he expect in a day and Mr. Bowden stated there would be 20 units, probably once every several weeks. Rick Foster stated so very minimal and Mr. Bowden stated yes. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Tripp stated that the structures have to be similar in nature and color and this is different from what this board is use to, but felt it fit the environment. Rick Foster stated that a mini storage facility was quiet common and it was a growing need for this sort of business. Mr. Foster stated it was an appropriate use with low impact. Andrew Ruhland agreed and stated he did not see a lot of traffic with storage units, but felt they needed to be similar in nature and color. Chairman Tripp stated they need to remove the existing building and Rick Foster felt that needed to be made a condition. The checklist was completed and Rick Foster made a motion to approve the request with the conditions, that all the units are similar in nature and color to blend into the environment, existing structure be removed. Andrew Ruhland seconded the motion and there was a unanimous vote to approve. The minutes for the January 2014 meeting were presented for approval. Andrew Ruhland made a motion to approve the minutes as written. Gunnar Henderson seconded the motion and there was a unanimous vote. There was no old business and the meeting was adjourned at 8:45 p.m. a Scott Tripp, Chairman Rick Foster, Vice Chairman CD—IL604-, TereA Byrd, Recordi4 Secretary Landon Chandler, Planner II Date