02Minutes15MINUTES
HARNETT COUNTY BOARD OF ADJUSTMENT
County Administration Building
102 East Front Street, Lillington, NC
February 9, 2015 6:30 PM
PUBLIC HEARING
Board Members Present: Scott Tripp, Chairman; Rick Foster, Vice Chairman; Andrew Ruhland;
Mary Jane Bartlett and Gunnar Henderson. Planning Staff Present: Landon Chandler, Senior
Planner, Matt Talbott, Planner I and Teresa Byrd, Planner I /Recording Secretary.
Chairman Scott Tripp gave the Invocation and led the Pledge of Allegiance.
All witnesses were sworn in.
Conditional Use
BA- CU- 05 -15. Miller, Kirk & Amy / Kirk James Miller. A Hair Salon in an RA -30 Zoning
District; Grove Township; Pin # 0692 -35- 7535.000; SR # 1532 (Langdon Road). Matt
Talbott gave the site analysis. Kirk and Amy Miller represented the application. Chairman
Scott Tripp asked if it was an existing dwelling and Matt Talbott stated no. Andrew
Ruhland asked about the acreage and stated they are utilizing .84 acres and Matt Talbott
stated that was what was on the site plan. Andrew Ruhland asked if it was being subdivided
and Matt Talbott stated yes.
Chairman Scott Tripp asked if he could enter that application into the record and Amy
Miller stated yes. Chairman Tripp asked what she was asking of the board and Mrs. Miller
stated to build a hair salon for herself. Chairman Tripp asked how it would impact the
surrounding area and Mrs. Miller stated she felt it would make the property values go up.
Chairman Tripp asked if they had any additional information and Kirk Miller stated it would
be a single bowl hair salon and felt it would benefit the community. Mr. Miller stated they
did not want to put it in their home. Chairman Tripp asked if it would be a new construction
and Mr. Miller stated yes, it would be a stick built building approximately three hundred
square. Mr. Miller stated they wanted it to look like a little house with a carport to blend in
with neighborhood. Chairman Scott Tripp asked about the parking and Mr. Miller stated
that they are required minimum one handicapped spot. Chairman Scott Tripp asked how
intense of an operation it was going to be and how many people they perceived coming and
going a day. Mrs. Miller stated that she worked for the state full time and it would be
Friday and Saturday; by appointments only. Andrew Ruhland asked if they lived near
where they were putting the salon and Kirk Miller stated they lived to the right of this
property. Andrew Ruhland asked if it was going to look like a house and Kirk Miller stated
yes, that they were going to try to make it blend in with the neighborhood. Andrew Ruhland
asked if there would be any signage and Amy Miller stated she would like what would be
allowed. Andrew Ruhland asked if she was going to walk to work and Mrs. Miller stated
get a golf cart. Andrew Ruhland asked about the clientele and Amy Miller stated she had
been doing this for nineteen years and it was family, friends and people she had been doing
their hair that long. Andrew Ruhland asked if she looked to hire anyone in the future and
Amy Miller stated no. Rick Foster asked about the exterior lighting and Kirk Miller stated
no street lights, just flood lights.
William Patrick Smith came forth in opposition to the application. Mr. Smith stated that he
owned three properties within close proximity to the site. Mr. Smith stated that it was a
residential area and there were no commercial property on that road. Mr. Smith had
concerns about chemicals getting into the well system, if there had been any studies as to
where the chemicals would be going. Landon Chandler, Senior Planner stated that if the
application was approved it would go through a commercial site plan review process. Mr.
Chandler went on to say that it would go through the environmental health office and they
would have to approve and it would get sent to the state. Andrew Ruhland asked if EPA
would get it and Landon Chandler stated yes. Mary Jane Bartlett asked where his properties
were at and Mr. Smith explained where his properties were located. Mr. Smith had
concerns about the traffic and stated that there was a bad curve where this was going in.
Rick Foster asked if he was concern with having a hair salon in the area, because it was
quiet common to have in a residential area and Mr. Williams stated he had concerns that the
residential community would have change in its dynamics and he was not in favor. Andrew
Ruhland asked if he knew the Millers and Mr. Smith stated no. Andrew Ruhland asked if
he lived there and Mr. Smith stated no.
Ann McKinnon came forth in opposition and to represent Louise Campbell who lives
directly in front of where the driveway will be to the hair salon. Mrs. McKinnon stated that
Ms. Campbell was 87 years old and she was upset about that being in front of her home.
Mrs. McKinnon then read the statement of Mrs. Campbell. Chairman Scott Tripp asked
about her relationship with Ms. Campbell and Mrs. McKinnon stated that she was a friend.
Chairman Tripp stated that the Millers can't expand the operation and Ann McKinnon stated
that she could have ten people working there. Andrew Ruhland asked for Landon Chandler
to explain what the rules were for expansion. Landon Chandler stated that the nature of the
size of the building they would be limited access and anything above that will fail. Andrew
Ruhland stated it was a one person operation and Landon Chandler stated they would be
subject to a violation. Mr. Chandler stated that through the site plan review process it will
be filed with the county the number of employees, hours of operation, and the fire marshal
will do an annual inspection. Mr. Chandler stated they would risk being shut down. Rick
Foster asked about the buffering requirements and Landon Chandler stated it would be a
type A and D buffer. Ann McKinnon stated they were opposed to the location of the beauty
salon.
Halbert McKinnon, Jr. came forth in opposition and stated he owned land adjacent to this
property. Mr. McKinnon stated that he owned 1.4 acres, which extended back to the small
airport strip. Andrew Ruhland asked Mr. McKinnon to point out his property on a map and
Mr. McKinnon approached. Mr. McKinnon stated that he owned an airplane and was
considering building a home. Mr. McKinnon stated that he objected to it and did not want
to look at it. Mr. McKinnon asked why in that area and why not on the other side of that
property. Mary Jane Bartlett asked where the structure would be located and Mr. McKinnon
stated eighty feet from his property line. Landon Chandler stated that there was a draw or
slope on the other side. Mary Jane Bartlett asked if he lived on that site now and Mr.
McKinnon stated he did not. Andrew Ruhland asked if he was renting it and Mr. McKinnon
stated yes. Mr. McKinnon stated that he wanted to maintain the property value whether he
builds or he sells it to someone else. Andrew Ruhland asked if he lived in the area and Mr.
McKinnon stated approximately 2 miles from there.
Chairman Scott Tripp called the applicants back to the podium and stated that you heard the
concerns of your neighbors. Chairman Scott Tripp asked why they chose that spot and not
another location on the 84 acres. Kirk Miller stated that they chose that site because that is
where it perks. Andrew Ruhland asked him to describe the building and Kirk Miller stated
vinyl siding, asphalt shingles and Amy Miller stated it would be the same color scheme as
their own home. Chairman Tripp asked if limited it to just you would that be acceptable and
Mrs. Miller stated that her daughter may someday want to do hair with her. Andrew
Ruhland stated limit to two people and Mrs. Miller stated that is all the state would allow.
Chairman Scott Tripp closed the public hearing and had board discussions. Andrew
Ruhland stated that the testimony of Ms. Campbell was hearsay; applicant agreed to limited
to two people; building to resemble their house; not bad fit for area and there was no
evidence that it would hurt property value. Rick Foster agreed and due to the growth there
is a need for businesses like this, very low impact and is very common in residential area.
Mr. Foster stated that the applicants were building to match area, he thought it was a good
use and it would go through the commercial site plan process. Mary Jane Bartlett agreed
that it was a low impact business, this type of business was typical in residential areas.
Andrew Ruhland stated they had rental property, hair salon and they were both making
money.
The checklist was completed and Rick Foster made a motion to approve with the conditions
that the business be limited to no more than two (2) hair treatment stations. Andrew
Ruhland seconded the motion and there was a unanimous vote.
2. BA- CU- 06 -15. Ray, William Gerald. A Fitness Center (Gym) in an RA -20R Zoning
District; Barbecue Township, Pin # 9576 -70- 5911.000; Hwy 87. Landon Chandler gave the
site analysis and William Ray represented the application. Andrew Ruhland asked if the
business was existing and Landon Chandler stated it was there prior to zoning, but it was a
change in use. Mary Jane Bartlett asked if there were other businesses in close proximity to
this and Mr. Chandler stated a small tire center and a medical center. Chairman Scott Tripp
asked if it would go back to NC DOT and Landon Chandler stated yes, there would be a
driveway permit process. Andrew Ruhland asked if he was going to have asphalt parking
and Mr. Chandler stated he would have to comply with the parking regulation. Chairman
Scott Tripp asked if he could enter the application into the record and William Ray stated
yes. Chairman Tripp asked what he was asking of the board and Mr. Ray stated to open a
gym. Chairman Tripp asked him to explain what he would be doing and Mr. Ray stated a
nutrition store, gym and he would do personal training. Chairman Tripp asked how he
would separate from the garage and Mr. Ray stated it was two separate lots. Chairman
Tripp asked if they were scaling down the automotive part and Mr. Ray stated yes.
Chairman Tripp asked if it would be membership and Mr. Ray stated yes. Chairman Tripp
asked about how much of an investment there would be on equipment and Mr. Ray stated
twenty -five thousand and that was on refurbished equipment. Chairman Tripp asked if he
had met with NC DOT and Mr. Ray stated he wanted to see if it was approved first. Andrew
Ruhland asked how many employees and Mr. Ray stated maybe ten. Landon Chandler
stated there was no mention of a store, which is retail and that would not be allowed. Mr.
Chandler stated he had to go the commercial site plan process and there may be more up fits
to building. Chairman Tripp stated he had a lot of hurdles to jump and Mr. Ray stated
nothing is ever easy. Andrew Ruhland asked about the signage and Mr. Ray stated there
would be a separate sign for the gym. Andrew Ruhland asked how many people did he
think would be there on a daily basis and Mr. Ray stated if he had 500 members, 15
members an hour. Rick Foster asked the hours of operation and Mr. Ray stated 4:00 a.m. to
11:00 p.m. for military. Andrew Ruhland asked if that would be seven days a week and Mr.
Ray stated Monday through Friday; Saturday 8:00 a.m. to 5:00 p.m., Sunday 12:00 Noon to
5:00 p.m. Rick Foster asked about exterior lighting and Mr. Ray stated there were four
flood lights already there. Rick Foster asked if he drove by what changes would he see and
Mr. Ray stated not much except cleaner parking lot. Mary Jane Bartlett asked if he was
going to subdivide the property and Mr. Ray stated no. Mary Jane Bartlett asked about the
existing building and Mr. Ray stated it was a metal structure. Mary Jane Bartlett asked if
there would be any improvements made to building and Mr. Ray stated none except cleaning
it up.
Chairman Scott Tripp closed the public hearing and had board discussions. Rick Foster
stated he thought it was a good use for area, that part of county is growing very rapidly,
great for military and young people, there was a need for it. Andrew Ruhland agreed and
stated it was on a hill, can't tell what is there; using existing structure and thought it was a
good fit for area.
The checklist was completed and Rick Foster made a motion to approve the request with no
conditions. Gunnar Henderson seconded the motion and there was a unanimous vote.
The minutes for the January 2015 meeting were presented for approval. Andrew Ruhland
made a motion to approve as written. Rick Foster seconded the motion and there was a
unanimous vote.
It was time for nominations for Chairman and Vice Chairman. Chairman Tripp then open
the floor for nominations. Rick Foster nominated Scott Tripp to serve another term as
Chairman. There were no other nominations for Chairman. Mary Jane Bartlett seconded
the nomination and there was a unanimous vote.
Chairman Tripp then opened the floor for nominations for Vice Chairman. Andrew
Ruhland nominated Rick Foster to serve another term as Vice Chairman. There were no
other nominations. Gunnar Henderson seconded the nomination and there was a unanimous
vote.
There was no other business and the meeting was adjourned at 7:50 p.m.
2 tt Tripp, ChairiWK
ick Foster, Vice Chairman
zer-
Landon Chandler, Senior Planner
Tere a Byrd, Reco ding Secretary
Date