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BOARD of ADJUSTMENT AGENDA Thursday, November 19, 2020 6:30

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BOARD of ADJUSTMENT AGENDA Thursday, November 19, 2020 6:30 PLANNING DEPARTMENT BOARD OF ADJUSTMENT AGENDA Thursday, November 19, 2020 6:30 PM 1. CALL TO ORDER 2. SWEARING IN OF NEW MEMBERS 3. ROLL CALL 4. APPOINTMENT OF CHAIRMAN 5. APPROVAL OF MINUTES – October 24, 2019 6. VARIANCE REQUEST CASE: VAR 2020-0029 LOT 182 ON ALYSHEBA DRIVE 7. PLANNING REPORT 8. ADJOURN Board of Adjustment July 1, 2020-2021 JEANNETTE LUCAS (Genie) JHARDA WASHINGTON 7002 Hemby Commons Pkwy 3933 Edgeview Dr Indian Trail, NC 28079 Indian Trail, NC 28079 [email protected] [email protected] 714-905-6124 704-238-7662 SEAT 1-Term 7/1/18-6/30/21 SEAT 2-Term 7/1/19-6/30/22 CYNTHIA WILEY JOHN HEMBY 470 Red Barn Trail 319 Indian Trail Rd South Matthews, NC 28104 PO Box 5 [email protected] Indian Trail, NC 28079 704-905-7796 [email protected] SEAT 4-Term 7/1/18-6/30/21 704-236-3105 SEAT 3-Term Ending 6/30/23 ERIN CUNNINGHAM AUSTIN YOW 823 Bradberry Ln 1116 Saratoga Blvd. Indian Trail, NC 28079 Indian Trail, NC 28079 [email protected] [email protected] 704-576-1094 336-588-2416 SEAT 6-Term 10/13/20-6/30/22 SEAT 5-Term 9/22/20-6/30/23 JENNIFER MAHER 3414 Brooktree Ln Indian Trail, NC 28079 [email protected] 516-610-3075 SEAT 7-Term 10/13/20-6/30/22 Updated October 20,2020 Town of Indian Trail P.O. Box 2430 Indian Trail, North Carolina 28079 Telephone 704-821-5401 Fax 704-821-9045 PLANNING DEPARTMENT BOARD OF ADJUSTMENT MINUTES October 24, 2019 6:30 P.M. 1. Call to Order (6:30pm) – Determination of Quorum: A quorum was present. The meeting was called to order by Chairman Eigenbrode. 2. Roll Call The following members of the governing body were present: Chairman - John Eigenbrode, Vice Chair Genie Lucas, Donald Butler, Cynthia Wiley, and Kat Board Members: Miller Absent: Jharda Washington Staff Members: Brandi C. Deese-Planning Director and Crystal Roman-Board Secretary 3. Approval of Minutes – August 22, 2019 Motion to approve August 22, 2019 minutes were made by Vice Chairman Lucas and seconded by member Wiley. Vote was passed unanimously. Kat Miller arrived after roll call and confirmed her attendance on record at 6:40pm. 4. Hearing of Cases – Chairman Eigenbrode read the fairness issues to the seated board members, then swore in the speakers and staff present for all of the cases. Witnesses and speakers of the case were sworn in and affirmed their testimony. Chairman Eigenbrode confirmed with the Board of any partiality to disclose a refusal to offer or if they had any site visits to disclose. The Board members confirmed they did not. Chairman Eigenbrode disclosed conversation with staff inquiring on the details of the case. a. SUP 2019-0083 Ice Valley Commons – Ms. Deese gave an overview presentation of the project (Staff report available on www.indiantrail.org/AgendaCenter ). Applicant Presentation- The Moser Group and owners of Extreme Ice Center presented brief points describing the temporary Ice-Skating event. Ms. Moser discussed the details of event management and the contributions it will bring to the community. Chairman opened Board Q&A. BOA October 24, 2019 Minutes Chairman Eigenbrode asked the applicants if the event was covered by insurance. Mr. Mulhall answered, there will be liability insurance available in case of any accidents. Chairman Eigenbrode inquired about the difference with utilizing real ice for the rink versus synthetic ice. Mr. Mulhall explained the purpose of using the real ice for the rink to offer a unique experience for the community during the holiday season. Member Miller inquired about the type of security available for the ice-skating rink during afterhours. Ms. Moser answered that there will be security cameras, paid security officers, two layers of buffers and fences surrounding the ice rink, and various members of the ground’s maintenance staff available 24 hours a day and 7 days a week. Member Miller asked about the schedule of events offered by Extreme Ice and suggested the applicant to consider an event for people with disabilities. Mrs. Mulhall explained the schedule of events in detail and was open to any suggestions the board offered. No public comments. Findings of Fact worksheets were passed to the board members. STEP ONE 1. Is the application complete. Motion that the application is complete based on staff recommendation was made by member Butler, seconded by member Miller. The motion passed unanimously. 2. Does the application comply with all the applicable requirements of this ordinance. Motion that it does comply with all applicable requirements based on staff recommendations made by member Butler and seconded by member Wiley. The motion passed unanimously. STEP TWO If the Board of Adjustment concludes that all such requirements are met, it will issue the permit unless it adopts a motion to deny the application for one or more of the following reasons set forth in UDO Section 360.030. 1. Not materially endanger the public health or safety. Motion that the event does not materially endanger the public health or safety because there are provisions made by security, fencing, and other measures taken to ensure safety by Chairman Eigenbrode. Seconded by member Butler. Vote was made 4-1 with member Miller opposed. 2. Not substantially injure the value of adjoining or abutting property Motion that the application does not substantially injure the value of adjoining or abutting property, if anything the event will bring more business to the area, was made by Vice Chair Lucas and seconded by member Butler. The motion passed unanimously. 3. Be in harmony with the area in which it is to be located. Motion was made by member Butler that the property is in harmony with the area in which it is to be located. Motion was seconded by Chairman Eigenbrode and was passed unanimously. 4. Be in general conformity with the Town of Indian Trail Comprehensive Plan and other adopted plans. BOA October 24, 2019 Minutes Motion was made by Chairman Eigenbrode stating that it is in general conformity with the Town of Indian Trail and other adopted plans based on staff stating the consistency goals. Seconded by member Miller, the motion passed unanimously. Motion to approve the request for SUP 2019-0083 as presented was made by member Butler and seconded by member Wiley. Vote to approve the project was passed unanimously. 6. Adjournment (7:00pm) Motion to adjourn was made by member Butler and seconded by member Wiley. Vote to adjourn was passed unanimously. Chairman: _____________________________________ Date: ___________________________ Secretary: _____________________________________ BOA October 24, 2019 Minutes Project Number and Reference: VAR 2020-0029 Lot #182 on Alysheba Dr Board of Adjustment Meeting Date: November 19, 2020 P.O. Box 2430 Indian Trail, North Carolina 28079 Telephone (704) 821-5401 PLANNING DEPARTMENT Variance Staff Report Project Number: 2020-0029 Reference Name Lot #182 Home Width Reduction Variance Relief from Bonterra Village Subdivision Standard Home Proposed Request Width Along Alysheba Drive Recorded in Revised Final Plat CZ SF-5 (Conditional Zoning, Single- Existing Zoning Existing Site Family, High Density Residential) Characteristics Existing Use Single-Family Home Site Acreage 0.1 (4,356 Square Feet) Applicant Bobbie Anderson Fisher, Bobbi Thomas Builders BOA Hearing Date November 19, 2020 Lot #182 on 5109 Alysheba Drive (Bonterra) Location Indian Trail, NC 28079 Tax Map Number(s) 07021103 Designation Rocky River Village Plan Consistency Request Consistent with Plan Project Summary Request: Variance from the standard home width of 24 feet wide to meet side setbacks due to previous, off-property encroachments into the side setbacks. See Attachment #1 and 2 for the variance application and letter of intent containing home plans. Background The requested variance is to allow the applicant to move forward with the development of a new home construction on Lot 182 in Bonterra. See the two vicinity and location images below. In this section of Bonterra, homes were built in the narrow, row-house style (See Attachment 3 for 1 Project Number and Reference: VAR 2020-0029 Lot #182 on Alysheba Dr Board of Adjustment Meeting Date: November 19, 2020 site pictures). The required side setbacks for the homes are 3 feet. This results in a total requirement of 6 feet between each home. If the new home were to be constructed the typical 24 feet as the existing homes, the side setbacks would not be met by a total of approximately 9.12 inches. A variance approval by the Board of Adjustment is needed to approve the reduction of the typical 24-foot home to meet the required side setbacks. Vicinity of Alysheba Drive Subject Property Lot 182, Alysheba Dr Lot 182 Location on Alysheba Drive Subject Property Lot 182, Alysheba Dr 2 Project Number and Reference: VAR 2020-0029 Lot #182 on Alysheba Dr Board of Adjustment Meeting Date: November 19, 2020 This public hearing for the subject variance was noticed in compliance with North Carolina State Statutes and the Unified Development Ordinance. Property owners 500 feet from the subject property were notified by first class mail and the property was properly posted. Application and Letter of Intent/Statement of Justification The applicant states in the Application’s Statement of Justification/Hardship Descriptions (See Attachment #1) and Letter of Intent (See Attachment #2) there are hardships from which the applicant suffers. 1. If the applicant complies strictly with the provisions of the ordinance, he/she can make no reasonable use of his/her property; Evidence Summary: “A home cannot be built on the recorded lot (parcel 07021103) because the minimum lot width required by the ordinance cannot be met as a result of the existing location of the boundary lines per a recent survey.
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