MINUTES LINCOLN COUNTY BOARD OF ADJUSTMENT. August 26, 2013

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1 MINUTES LINCOLN COUNTY BOARD OF ADJUSTMENT The Lincoln County Board of Adjustment met in regular session Monday,, at 6:30 p.m. at the James W. Warren Citizens Center, Third Floor, 115 West Main Street, Lincolnton, North Carolina. Board of Adjustment Members Present: Delaine Davis, Chairman Bill Piersol, Vice-Chairman Giles Martin Beverly Moore Darren Smith Others Present: Wesley Deaton, County Attorney Randy Hawkins, Zoning Administrator Justin Pearson, Code Enforcement Officer Amy Brown, Clerk to the Board of Adjustment Call to Order: Delaine Davis, Chairman, called the, meeting to order. BOARD OF ADJUSTMENT AGENDA Monday, 6:30 p.m. I. Adoption of agenda II. Approval of minutes from July 22, 2013 meeting III. Public hearing on variance request VAR #334 Ronnie Hall, applicant IV. Other business V. Conclusion Adoption of Agenda Bill Piersol made the motion to adopt the agenda as presented. 1

2 Approval of minutes from July 22, 2013, meeting Bill Piersol made the motion to approve the minutes as submitted. Zoning Cases Randy Hawkins, Zoning Administrator; Ronnie Hall, applicant; Mike Yates, Kelli Stamey, and Mike David were sworn in by Amy Brown, Clerk to the Board of Adjustment, prior to the presentation of the case. Delaine Davis, Chairman, asked if any member of the Board of Adjustment had had any ex parte discussions about the case being presented to disclose it at this time. There being no response, the meeting continued. VAR #334 Ronnie Hall, applicant Request: The applicant is requesting a variance from Section C.2(c) of the Lincoln County Unified Development Ordinance to permit a side yard setback of one foot for a residential accessory structure. Section C.2(c) states that the minimum side yard setback is 10 feet for a residential accessory structure that s 1,000 square feet or less in size. The structure in this case is a 480-square-foot, open-sided metal carport. Site Area & Description: The 0.9-acre parcel is located at 8009 Lucky Creek Lane, on the north side of Lucky Creek Lane about 2,200 feet east of NC 16 Business, in Catawba Springs Township. The side of the lot at issue adjoins a 25-foot right-of-way that provides access to Lake Norman for property owners in the Lake Hills Village subdivision. This lot is zoned R-S (Residential Suburban) and is adjoined by property zoned R-S and by Lake Norman. Discussion: Randy Hawkins presented Exhibit 1, a photo of the metal carport. This request involves a structure that has already been erected. This structure was brought to staff s attention by an anonymous caller who questioned it being located that close the property line. Bill Piersol asked what is exactly was the lake access and if it was paved or graveled. Randy Hawkins stated that it is a shared right-of-way to what the survey calls an access channel to the lake. Darren Smith asked if there was a homeowners association and who paid the taxes on the access. 2

3 Randy Hawkins stated that it is not listed as a parcel of land and it is not taxed. Ronnie Hall, applicant, stated that the access road is used for the property owners in the neighborhood to put their boats out in the lake. There are no taxes paid on it, but the area property owners keep it up. Ronnie Hall displayed some photos of the property and the access showing the 25-foot right-of-way. Mr. Hall stated that there was no way to move the building and that is why he is asking for the variance. He stated that he primarily uses it for sitting under and getting out of the sun and for storing his lawn mower. Mr. Hall stated that he asked his neighbors about the safety of the structure and they told him that there were no safety issues. The 25-foot access still puts his property that far away from the next adjoining property owner. Mike Yates, 7985 Lucky Creek Lane, lives two houses down from Mr. Hall. Mr. Yates stated that he saw the awning (metal carport) Mr. Hall added to his garage and he sees no objection to the use. He stated that he has no problem with it. Kelli Stamey, who lives three houses from the Hall s, stated that there was no way that the awning (metal carport) interfered with the access road. Mike David, 7990 Lucky Creek Lane, stated that the lake access road is actually deeded to all the neighboring property owners. Mr. David stated that the awning (metal carport) is nice looking and doesn t interfere with the lake access. Randy Hawkins asked Mr. Hall if the neighbor to the left of his house use the access road as their driveway. Ronnie Hall stated that the neighbors do use that access road to get to their carport. Randy Hawkins stated that if this structure had not already been built, staff would recommend against the variance. As it is, staff is not taking a position on this request. He said he thinks that a reasonable person could find the findings of fact in the affirmative or not find some of the findings in the affirmative. He reminded the board that there is no required finding that the hardship is not the result of the applicant s own action. After this hearing, we will talk about some new legislation that will take effect October 1. Darren Smith asked if there were any other communications besides the anonymous . Randy Hawkins stated that he received three phone calls after the hearing notices were mailed out, two from people who simply wanted to get additional information, and one from a neighbor in support of the request. 3

4 Findings of Fact 1. THERE ARE PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIPS IN THE WAY OF CARRYING OUT THE STRICT LETTER OF THE UDO. Yes X No Factual reason cited: There are existing structures already there and the tapering shape of the lot and the 25 right-of-way. Bill Piersol made the motion to find in the affirmative. 2. THE VARIANCE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE UDO AND PRESERVES ITS SPIRIT. Yes X No Factual reason cited: The general purpose is to keep from encroaching on the neighbors and the 25 right-of-way has not been compromised and there are no neighboring structures that hinder that. Bill Piersol made the motion to find this in the affirmative. 3. IN THE GRANTING OF THE VARIANCE, THE PUBLIC SAFETY AND WELFARE HAVE BEEN ASSURED AND SUBSTANTIAL JUSTICE HAS BEEN DONE. Yes X No Factual reason cited: There is no issue with public safety and substantial justice will be done. Darren Smith made the motion to find this in the affirmative. 4. THE REASONS SET FORTH IN THE APPLICATION JUSTIFY THE GRANTING OF A VARIANCE, AND THE VARIANCE IS A MINIMUM ONE THAT WILL MAKE POSSIBLE THE REASONABLE USE OF LAND OR STRUCTURES. Yes X No Factual reason cited: There is a 25 easement between the neighbors and 1 foot is minimal. 4

5 Bill Piersol made the motion to find this in the affirmative. Based on the Findings of Fact, the following action was taken on, by the Lincoln County Board of Adjustment after a public hearing was held and duly advertised: Darren Smith made the motion to approve the findings of fact and approve the variance. Other Business Randy Hawkins explained the new law that the legislature passed that involves boards of adjustment. This act was drafted by the North Carolina Bar Association and they sought input from industry groups, including the N.C. Homebuilders Association, and from the N.C. Planning Association and N.C. Association of Zoning Officials. This act passed unanimously in the House and Senate. There are two main changes that affect the BOA: revised findings of fact and, instead of a 4/5 vote to overturn a zoning official s decision, a simple majority. We are already sending notices to property owners as required by the new law. One change that we will need to work on is a requirement that the chairman sign decisions. This new law takes effect October 1. Proposed amendments to the Unified Development Ordinance will go before the Board of Commissioners on September 9. This will also need to be incorporated into the BOA s Rules of Procedure. Mr. Hawkins stated that even if we don t have a variance case next month, we will still meet. Randy Hawkins that according to an received from the Clerk to the Board of Commissioners, Delaine Davis has been re-appointed to the Board of Adjustment. Darren Smith and Giles Martin will be re-appointed in September. Bill Piersol will continue to serve until someone else is appointed and alternates will be appointed as well. Adjournment Beverly Moore made the motion to adjourn. Delaine Davis seconded the motion. Date Approved: By: Delaine Davis, Chairman 5