Meeting Documents

Board of Adjustment BOA - 12/2020

12/17/2020, 6:00 PM

Davidson County

AGENDA

DAVIDSON COUNTY BOARD OF ADJUSTMENT

Thursday, December 17, 2020

6:00 PM

Commissioners’ Meeting Room 913 Greensboro Street Lexington, NC 27292

1. CALL TO ORDER

2. OATHS OF OFFICE

3. ELECTION OF CHAIR AND VICE CHAIR

4. ADOPTION OF AGENDA

5. APPROVAL OF MINUTES

A. Approval of September 17, 2020 Board of Adjustment Meeting Minutes

6. PUBLIC HEARINGS

A. Request by Robert W. Petree for a Variance to the side yard setback in a RS, Low Intensity Residential District.

7. NEW BUSINESS

8. ADJOURN

Davidson County, NC DAVIDSON COUNTY

AGENDA ITEM

TO: BOARD OF ADJUSTMENT

DEPARTMENT: Planning and Zoning

PREPARED BY: Lynn Wilson

TITLE: CALL TO ORDER

BACKGROUND:

RECOMMENDATION(S):

Attachments

DAVIDSON COUNTY

AGENDA ITEM

TO: BOARD OF ADJUSTMENT

DEPARTMENT: Planning and Zoning

PREPARED BY: Lynn Wilson

TITLE: Oaths of Office

BACKGROUND:

Administer the oath of office for Alternate Board Member J. Gary Hill.

RECOMMENDATION(S):

Attachments

DAVIDSON COUNTY

AGENDA ITEM

TO: BOARD OF ADJUSTMENT

DEPARTMENT: Planning and Zoning

PREPARED BY: Lynn Wilson

TITLE: Election of Chair and Vice-Chair

BACKGROUND:

Election of Chair and Vice Chair

RECOMMENDATION(S):

Attachments

DAVIDSON COUNTY

AGENDA ITEM

TO: BOARD OF ADJUSTMENT

DEPARTMENT: Planning and Zoning

PREPARED BY: Lynn Wilson

TITLE: Adoption of Agenda

BACKGROUND:

RECOMMENDATION(S):

Attachments

DAVIDSON COUNTY

AGENDA ITEM

TO: BOARD OF ADJUSTMENT

DEPARTMENT: Planning and Zoning

PREPARED BY: Lynn Wilson

TITLE: Approval of September 17, 2020 Board of Adjustment Meeting Minutes

BACKGROUND:

Attached for your review and consideration are Minutes from the September 17, 2020 Board of Adjustment Meeting.

RECOMMENDATION(S):

Approve or revise and approve.

Attachments

September 17, 2020 Board of Adjustment Meeting Minutes

Minutes of the Board of Adjustment Meeting Davidson County, North Carolina

Thursday, September 17, 2020 Commissioners’ Meeting Room 6:00 PM County of Davidson

PRESENT Board Members: Chairman Kenny Meredith, Vice-Chairman Tim Temple, Jim Boggs, and Ron Russell.

OTHERS PRESENT Senior Assistant County Attorney Mike Newby, Deputy Clerk to the Board of Commissioners Lynn Wilson, Planning Director Guy Cornman, and Zoning Officers Lee Crook and Josh Tussey. Also present were Wayne Denny, Chad Mendenhall and Daniel Rufty.

1. CALL TO ORDER

Chairman Meredith called the meeting to order. He noted the absence of Board Member Morris and Alternate Board Members Hill and Thrift.

2. OATHS OF OFFICE

Deputy Clerk Lynn Wilson administered the oath to Chairman Kenny Meredith and Board Members Ronald Russell and James Boggs.

3. ADOPTION OF AGENDA

Chairman Meredith requested that the Agenda be amended by moving items 6A to 6C; 6B to 6A; and, 6C to 6B. Mr. Russell moved, seconded by Mr. Boggs, to adopt the Agenda as amended. The motion carried unanimously (4-0).

VOTING Motion by: Russell, Ronald A. Second by: Boggs, James Board Members YES NO ABSTAIN RECUSE Kenny Meredith X Tim Temple X James Boggs X Scott Morris Ronald A. Russell X

4. APPROVAL OF MINUTES

A. Approval of August 20, 2020 Board of Adjustment Meeting Minutes.

Mr. Russell moved, seconded by Vice-Chairman Temple, to approve the August 20, 2020 Minutes of the Board of Adjustment Meeting. The motion carried unanimously (4-0).

VOTING Motion by: Russell, Ronald A. Second by: Temple, Tim

Thursday, September 17, 2020 Page 1 of 9

Board Members YES NO ABSTAIN RECUSE Kenny Meredith X Tim Temple X James Boggs X Scott Morris Ronald A. Russell X

5. APPROVAL OF MEETING SCHEDULE

A. Approval of 2021 Meeting Schedule

Vice-Chairman Temple moved, seconded by Mr. Russell, to approve the 2021 Meeting Schedule of the Board of Adjustment. The motion carried unanimously (4-0).

VOTING Motion by: Temple, Tim Second by: Russell, Ronald A. Board Members YES NO ABSTAIN RECUSE Kenny Meredith X Tim Temple X James Boggs X Scott Morris Ronald A. Russell X

6. PUBLIC HEARINGS

A. Request by William and Nancy Denny for a Variance to the front yard setback in a RS, Low Intensity Residential District.

Mr. Tussey reported this request by William and Nancy Denny for a Variance to the front yard setback in a RS, Low Intensity Residential District. Said property is located on the east side of Cedar Branch Road approximately 2,200 feet east of the Cedar Branch Lane intersection and having an address of 820 Cedar Branch Road. Said property is further described as Healing Springs Township, Tax Map 6B, Block 3, Lot 9, containing 0.61 acre more or less.

Staff provided the Board with a copy of the legal description from The Dispatch, a copy of the septic tank layout and permit from the Davidson County Health Department, and a copy of a map noting the location of the proposed garage. A copy of these documents is included with the original Minutes.

Mr. Tussey, first being duly sworn, gave the Board an overview of the applicants’ request for a 25- foot variance to his front yard setback. He noted on the map provided for the Board, the location of the proposed garage. He stated that the garage will be in the front yard and will be approximately five feet from the property line and 30 feet from the center of Cedar Branch Road. Mr. Tussey stated that Mr. Denny will explain to the Board his reason for the request for the variance.

Wayne Denny of 820 Cedar Branch Road, first being duly sworn, stated that he plans to build a 24’ x 26’ garage. He stated that there is a well on the southern side of the property as well as water lines, and the septic field runs almost to the carport on the other side of the property. Due to the well and water lines, the proposed location would be the only place for the garage to be built. He needs a place to store his cars and has had to spend approximately $600 in repairs due to having to currently store them in the carport. The carport is not enclosed and is a nuisance due to trees, growth, and squirrels. Mr. Denny further stated that the proposed garage would be enclosed.

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Mr. Tussey noted that aerial map is slightly off and noted the carport that Mr. Denny referred to and stated that it is on the applicants’ property. The map shows the carport to be off of the applicants’ property. The entire map should be shifted approximately 15 feet North. Mr. Tussey reported that in looking at deeds, Cedar Branch Road was originally a private maintained road and in the 1980’s the Department of Transportation agreed to maintain the road and widen the right of way to 50 feet; however, the state maintenance ends and does not provide for the whole length of the road; that area was noted for the Board on the map. Everything beyond that point is a simple gravel driveway that is maintained by the residents that reside further beyond Cedar Branch Road as noted on the map. Mr. Tussey reported that he is not aware of any plans that DOT has to maintain the road beyond the current point.

Chairman Meredith inquired if there were any persons present who would like to speak in favor of or in opposition to the Applicants’ Variance. Having hearing no further testimony or evidence, the Board makes the following findings:

Chairman Meredith stated that the Board deals with numerous lake properties and due to the shape of the lot, the septic fields and lines, and the Department of Transportation’s right of way, the property is unique and singular. Having no further requests for discussion, Mr. Russell moved, seconded by Mr. Boggs, to approve this finding. The motion carried unanimously (4-0);

Chairman Meredith stated that the Variance would not create a higher financial return, the Board has previously found that it is important for applicants to be able to protect their property and that there is no other location on the property for the enclosed structure. Having no further requests for discussion, Vice-Chairman Temple moved, seconded by Mr. Russell, to approve this finding. The motion carried unanimously (4-0);

Chairman Meredith stated that the setback, however narrow, will be no issue for other properties and other surrounding properties, many of which have accessory structures that sit in the front setback. Having no further requests for discussion, Mr. Russell moved, seconded by Mr. Boggs, to approve this finding. The motion carried unanimously (4-0);

Chairman Meredith stated that Variances are part of the Ordinance and granting this Variance would be in harmony with and serve the general intent and purpose of the Ordinance. Having no further requests for discussion, Vice-Chairman Temple moved, seconded by Mr. Russell, to approve this finding. The motion carried unanimously (4-0); and,

Chairman Meredith stated that if the applicant does not receive a Variance, there would be no other location for the structure; therefore, justice would be served by approving the Variance and would give the applicant space to store his property. Hearing no further requests for discussion, Mr. Russell moved, seconded by Mr. Boggs, to approve this finding. The motion carried unanimously (4-0).

Vice-Chairman Temple moved, seconded by Mr. Russell, to approve the Variance request by William and Nancy Denny for a 25-foot Variance to the front yard setback in a RS, Low Intensity Residential District, said property is located on the east side of Cedar Branch Road approximately 2,200 feet east of the Cedar Branch Lane intersection, and that this Variance shall be consistent with the applicants’ application, and shall be for this property and structure only. The motion to grant the Variance carried unanimously (4-0).

VOTING Motion by: Temple, Tim Second by: Russell, Ronald A. Board Members YES NO ABSTAIN RECUSE Kenny Meredith X Tim Temple X

Thursday, September 17, 2020 Page 3 of 9

James Boggs X Scott Morris Ronald A. Russell X

B. Request by Timothy C. and Lauren C. Mendenhall for a Variance to the front yard setback in a RA-3, Rural Agricultural District.

Mr. Crook reported this request by Timothy C. Mendenhall and Lauren C. Mendenhall for a Variance to the front yard setback in a RA-3, Rural Agricultural District. Said property is located on the north side of Will Taylor Lane approximately 200 feet east of the Old Thomasville Road intersection. Said property is further described as Midway Township, Tax Map 16D, Lot 18, containing 1.5 acres more or less.

Mr. Crook, first being duly sworn, stated that Mr. Mendenhall is requesting to build a garage on his property. His property has a unique layout, his front property line appears to be a side property line based on the way the house is situated on the lot and the lot’s configuration. Mr. Crook noted on the map, Mr. Mendenhall’s property. Will Taylor Lane is a private road and is owned by Mr. Mendenhall’s neighbor across from his property. His neighbor also owns the property that runs along the back of Mr. Mendenhall’s property as noted on the map. Mr. Crook reported that there are septic tanks as noted on the map which will prevent the extension of Will Taylor Lane. Mr. Crook noted on the map the location of the residence and the proposed structure. He stated that this would be the most practical location for the proposed structure due to the existing driveway and septic tank and lines.

Staff provided the Board with a copy of the legal description from The Dispatch, and a photo of the proposed location of the garage. A copy of these documents is included with the original Minutes.

Timothy Chad Mendenhall of 163 Will Taylor Lane, first being duly sworn, noted on the map the location of the proposed detached two car garage and stated that it would have a depth of 32 feet and a width of 26 feet. The structure will have the same brick appearance as his residence. He noted on the map two leach fields and stated that the proposed garage fits best in the proposed location. Mr. Mendenhall reported that he spoke with his neighbors and no opposition was reported.

Chairman Meredith noted that the location would be the natural location for the structure due to the unique layout of the lot. Mr. Russell confirmed that this would be the only location for the structure.

Chairman Meredith inquired if there were any persons present who would like to speak in favor of or in opposition to the Applicants’ Variance. Having hearing no further testimony or evidence, the Board makes the following findings:

Chairman Meredith stated that due to the placement of the house and the road access, the property is unique and singular. Having no further requests for discussion, Mr. Russell moved, seconded by Mr. Boggs, to approve this finding. The motion carried unanimously (4-0);

Chairman Meredith stated that the Variance is not a means for a higher financial return, that the configuration of the road, house and septic lines is an inconvenience and that there is no other location on the property for the structure. Having no further requests for discussion, Vice-Chairman Temple moved, seconded by Mr. Russell, to approve this finding. The motion carried unanimously (4-0);

Chairman Meredith stated that the Board was provided with the Agenda, and a letter from Price Realtors’ that indicated that the structure would have no detriment to the value of the surrounding properties. Having no further requests for discussion, Vice-Chairman Temple moved, seconded by

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Mr. Russell, to approve this finding. The motion carried unanimously (4-0);

Chairman Meredith stated that Variances are part of the Ordinance and granting this Variance would be in harmony with and serve the general intent and purpose of the Ordinance, this location would be the most practical location, and there would be no impact to surrounding properties. Having no further requests for discussion, Mr. Russell moved, seconded by Mr. Boggs, to approve this finding. The motion carried unanimously (4-0); and,

Chairman Meredith stated that a garage is a common residential use and it will be built to match the home; therefore, justice would be served by approving the Variance and would give the applicant space to store his property. Hearing no further requests for discussion, Mr. Russell moved, seconded by Vice-Chairman Temple, to approve this finding. The motion carried unanimously (4- 0).

Vice-Chairman Temple moved, seconded by Mr. Russell, to approve the Variance request by Timothy C. Mendenhall and Lauren C. Mendenhall for a 20-foot Variance to the front yard setback in a RA-3, Rural Agricultural District, said property is located on the north side of Will Taylor Lane approximately 200 feet east of the Old Thomasville Road intersection, and that this Variance shall be consistent with the applicants’ application, and shall be for this property and proposed structure only. The motion to grant the Variance carried unanimously (4-0).

VOTING Motion by: Temple, Tim Second by: Russell, Ronald A. Board Members YES NO ABSTAIN RECUSE Kenny Meredith X Tim Temple X James Boggs X Scott Morris Ronald A. Russell X

C. Request by Daniel Rufty for a Special Use Permit, Class B, to operate a Travel Trailer Park, Campground in a RA-1, Rural Agricultural District.

Prior to hearing this matter, Mr. Newby addressed the Board regarding special use permits. He emphasized that a special use permit is the ability to use property that is already allowed by the ordinance if the applicant meets the criteria, and if the applicant meets the criteria, then the Board must grant the permit. Mr. Newby stated that the Board has the right and/or obligation to allow testimony as it fits the issue and does not have to hear the same issue repeated and that all parties must realize that it is not their opinion, but based on facts.

Staff provided the Board with a copy of the legal description from The Dispatch, a copy is attached to the original Minutes.

Mr. Cornman reported this request by Daniel Rufty for a Special Use Permit, Class B, to operate a Travel Trailer Park, Campground in a RA-1, Rural Agricultural District. Said property is located on the east side of Linwood-Southmont Road approximately 475 feet north of the Fisher Farm Road intersection and has an address of 9271 Linwood-Southmont Road. Said property is further described as Cotton Grove Township, Tax Map 22, Lot 5 containing approximately 53.3 acres, more or less.

Mr. Cornman, first being duly sworn, reported that this application came before the Planning Board on two occasions and the Planning Board recommended that the application be approved with

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conditions attached. The campsite spaces were amended from 25 feet to 35 feet wide as the sites would be more comfortable if they were larger. The first phase would consist of 10 sites and the second phase would also consist of 10 sites. Mr. Cornman also reported that the campground would be subject to a permit from the Health Department which was included with the applicant’s application and a part of the agenda packet.

Daniel Rufty of 9271 Linwood-Southmont Road, first being duly sworn, reported that he is an Attorney licensed to practice law. He has family roots in Davidson County and wishes to build his forever home on the property along with his siblings. He and his family are avid campers, they spent most of the 2019 year traveling the United States in their camper and seeing the country. Mr. Rufty stated that he and his family would most likely use two of the ten sites as parking for their campers. He reported that he wants to have a secluded, private campground. He stated that there is currently a 25-foot buffer and would double that to a 50-foot buffer to make the location more private to recreational vehicles. Mr. Rufty also stated that the campground would not have a negative effect on the surrounding home values.

Mr. Rufty noted that High Rock Lake Campground and Marina is located approximately five miles away and it has not had a negative impact on surrounding properties. According to Zillow, property values have increased approximately 6.3 percent in the last year. He noted that he provided with his application a letter from eXp Realty that stated there are no known impacts to surrounding properties.

Mr. Rufty stated that he wanted to create a recreational area for people to camp. He is not some random investor, this is his American dream, the Planning Board recommended approval of the special use permit, and he has satisfied the general standards. Mr. Rufty submitted to the Board, nine photos of the proposed campground, a copy of these photos are included with the original Minutes.

Mr. Rufty noted on the site map included with his application, the proposed location of his and his siblings’ homes and stated that these residences will be their primary residences. He stated that he and one of his siblings currently reside in two smaller homes that were already on the property when it was purchased and they will continue to reside in the homes until their homes are built.

Mr. Rufty stated that the campground will not have lake access at this time, that is not in his current plan. He stated that he is not an expert regarding the trees that is the current buffer, and is unsure if the trees are hardwoods. He reported that he has no plans to remove the current buffer and that he wanted to maintain a beautiful community and area for the campers as well as maintain a buffer along Linwood-Southmont Road as it is just as important for them not to see the campground as it is for the campers to not see the main road. Mr. Rufty reported that there will be a large field/grassy area for kids to play, dogs to run and people to walk. He noted that there is currently a fence on the property; however, it is hard to see for the buffer.

Upon questioning by the Board, Mr. Rufty reported that there will be rules, but safety will not be an issue. He stated that no bylaws have been established yet, and that there are some details to be ironed out. At this time, there are no plans to be associated with a KOA. Mr. Rufty stated that this campground will be much smaller than High Rock Lake Campground and Marina. He noted that the sites have perked and noted a copy of the Davidson County Health Department Improvement Permit, a copy of which is included with the original Minutes. Mr. Rufty stated that the campground will be taken care of by him and his siblings who currently reside on the property. He addressed the Board’s concern regarding trash pickup and stated that he will either be responsible himself for disposing of the trash or will contract with a trash pickup service.

Thursday, September 17, 2020 Page 6 of 9

Mr. Rufty reported that he had opposition at the previous Planning Board meetings; however, his family members took pictures of the proposed campground to them and they are now satisfied with the intent of the campground and noted that those parties did not appear at this hearing in opposition. He stated that he is an attorney and is in good standing with the NC State Bar, he served his country and is medically retired. This is the fourth meeting that he has attended regarding this campground and noted that the Planning Board recommended approval of the campground.

Mr. Cornman reported that the applicant was instructed to include his plans for the campground, and he noted on the site map the location of the campground sites. Mr. Cornman reported that Mr. Rufty will continue to let the trees grow and he noted on the map the existing buffer between Mr. Rufty’s property and his neighbor. He also reported that Staff is working on a subdivision for the proposed homes for Mr. Rufty and his siblings. Mr. Cornman spoke to the campground on Hickory Tree Road and its intent for attracting guests. He noted that Staff is satisfied that the applicant has met all of the specific standards for the use. He stated that the Board may impose any conditions in the special use permit that the applicant must meet.

Mr. Tussey, first being duly sworn, stated that if the permit is approved, Staff would conduct a site visit to ensure that the buffer meets the requirements of the special use permit. Staff recommends that evergreens or Jolly Green Trees be planted as they are opaque year-round. Mr. Tussey reported that if the neighbor feels that the buffer does not meet the requirements, Staff will visit the property and if the applicant is not in compliance, a notice of violation will be issued. He noted the driveway and the primary location of the campground on the site plan. Mr. Tussey reported that Staff can enforce the solid waste ordinance should an issue arise. He noted the definition of a Travel Trailer Park, Campground as set out in the Ordinance.

The Board noted that they did not see the foliage that the applicant described and stated their concern with the current natural buffer. Mr. Russell noted his concern that the applicant did not provide the Board with any rules and regulations for the campground, he noted that the plans are the least laid out of anything he has ever seen and are not professional, and that he is not completely satisfied with the buffer and fencing. Chairman Meredith noted that he would have preferred to see more details regarding the campground. Mr. Boggs stated that High Rock Campground and Marina has things to offer and noted that he is not convinced of the applicant’s purpose for the campground. Mr. Temple noted that he did not feel that the applicant needed to obtain a professional drawing of the campground and that if the campground is not satisfactory, then people will not pay to visit. Chairman Meredith noted that it is not up to this Board to determine whether the campground will be successful.

Mr. Newby further advised the Board of the deliberation procedures and their obligation to review the general standards. If the Board has concerns, the Board may entertain a motion to table this matter. He noted that any members absent today, may listen to the audio recording, read the Minutes of this meeting and may participate in voting on this matter at the next hearing. He advised the Board that they may request the applicant to provide further details if they are not satisfied with the evidence they have received during this hearing.

Chairman Meredith inquired if there were any persons present who would like to speak in favor of or in opposition to the Applicant’s request for the special use permit.

James Wilson of 796 Riverview Drive, Lot 26, first being duly sworn, stated that he has an issue with Mr. Rufty trespassing on his property. Mr. Rufty objected to the relevance of this statement. Chairman Meredith stated that this issue is irrelevant to this Board and inquired if Mr. Wilson is in opposition to the campground. Mr. Wilson stated that he is not in opposition to the campground.

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Mark Rufty of Harrisburg, North Carolina, first being duly sworn, stated that he is the applicant’s brother, that he was born and raised in this area and he loves this area. He stated that he appreciates Mr. Boggs’s concern and that they are not building 300 plus units, and they will be living next to the campground. He stated that his sister and brother will also reside on the property and at some point, possibly his mother. They are a large family of five siblings, two brothers and two sisters will live in four separate houses on the property. He is moving here from Harrisburg to be close to his family. Mr. Rufty stated that the whole family will be invested in the care of the campground and if they all cannot maintain it, they will hire additional help. The family plans to market the sites and he noted his plans for collection of the rent on the sites. The sites will be rented on a daily basis only. Mr. Rufty noted that this is a good opportunity for traveling doctors and nurses, and stated that his sister was a traveling nurse. He apologized for the drawings and reported that he provided what was asked of him.

In closing, Daniel Rufty stated that he has met and exceeded all of the guidelines for establishing a campground and that if he would have known he needed expert testimony, he would have provided it today. He asked the Board to specifically set out what needs to be done. He noted that this is not a luxury campground and that luxury campgrounds have more to offer; however, they potentially affect surrounding properties.

Hearing no further testimony or evidence, the Board makes the following findings:

Chairman Meredith stated that if the campground is operated as intended, it will satisfy the first general standard, and promote the public health, safety and general welfare. Mr. Russell stated that the applicant has not submitted a plan of operation and he is not satisfied with the plan. Having no further requests for discussion, Vice-Chairman Temple moved, seconded by Chairman Meredith, to approve this finding. The motion failed (2-2), Mr. Russell and Mr. Boggs voted no;

Chairman Meredith stated that the proposed use satisfies the second general standard, this use satisfies all of the requirements and submittals as set out in the application and staff recommends this use. Having no further requests for discussion, Mr. Russell moved, seconded by Vice-Chairman Temple, to approve this finding. The motion carried (4-0), Mr. Boggs did not vote; therefore, his vote was counted in the affirmative;

Chairman Meredith stated that the proposed use satisfies the third general standard, and that the Board received with their Agenda, a copy of a letter from eXp Realty, LLC stating that the campground would not negatively affect adjoining properties. Having no further requests for discussion, Vice-Chairman Temple moved, seconded by Mr. Russell, to approve this finding. The motion carried (3-1), Mr. Boggs voted no; and,

Chairman Meredith stated that the proposed use satisfies the fourth general standard, the campground is in compliance with the general plans of the County and the land use plans provide for this type of use, and there is a need for this type of use. Having no further requests for discussion, Vice-Chairman Temple moved, seconded by Mr. Russell, to approve this finding. The motion carried unanimously (4-0).

As a result of the Board finding that the applicant failed to establish the first general standard, the application is denied.

7. NEW BUSINESS

Mr. Cornman noted that the Rules of Procedure would need to be set before the Board of Commissioners for their consideration. Mr. Russell moved, seconded by Vice-Chairman Temple to recommend that the Board of Commissioners approve the Rules of Procedure. The motion carried

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unanimously (4-0).

Mr. Cornman stated that at this time, there is no business for the October meeting.

Mr. Crook advised the Board of the status of the Ahmadi Special Use Permit.

Mr. Newby and Mr. Tussey advised the Board of the status of Mr. Jacobs’ civil litigation.

8. ADJOURN

Vice-Chairman Temple moved, seconded by Mr. Boggs to adjourn the meeting. The motion carried unanimously (4-0).

VOTING Motion by: Temple, Tim Second by: Boggs, James Board Members YES NO ABSTAIN RECUSE Kenny Meredith X Tim Temple X James Boggs X Scott Morris Ronald A. Russell X

Guy Cornman Kenny Meredith, Chairman Planning Director Davidson County Davidson County Board of Adjustment

Thursday, September 17, 2020 Page 9 of 9 DAVIDSON COUNTY

AGENDA ITEM

TO: BOARD OF ADJUSTMENT

DEPARTMENT: Planning and Zoning

PREPARED BY: Lynn Wilson

TITLE: Request by Robert W. Petree for a Variance to the side yard setback in a RS, Low Intensity Residential District.

BACKGROUND:

See attached Application and Maps.

RECOMMENDATION(S):

Approve or disapprove request.

Attachments

Application and Maps Legal Notice from The Dispatch

DAVIDSON COUNTY, NORTH CAROLINA

Application to the Board of Adjustment and/or Board of Commissioners for a Hearing

Application No.: 7-20-V

Applicant(s): Robert W. Petree Date: 11/17/2020

Address: 263 High Rock Drive Telephone: 336-798-3227

Property Owner: Robert W. Petree

Address: 263 High Rock Drive Telephone: 336-406-3179

Property Location (General Description): Said property is located on the east side of High Rock Drive across from the High Rock Shores Drive intersection.

Township: Silver Hill Map No.: 29D Blk. No.:---Lots: 32

Type of Application:

☐ Appeal from an action of the Zoning Officer and/or petition for an interpretation of the Zoning Ordinance

☐ Special Use, Class _____

☒ Variance

Legal Advertisement: Request by Robert W. Petree for a Variance to the Side Yard Setback in a RS, Low Intensity Residential District. Said property is located on the east side of High Rock Drive across from the High Rock Shores Drive intersection. Property is further described as Silver Hill Township, Tax Map 29D, Lot 32 containing approximately 0.55 acre more or less.

Public Hearing Date: 12/17/2020 Board of Adjustment’s Recommendation:

Signature, Applicant(s) ______

______

______

Fee Paid Receipt No.: 2020-176

Variance Application DAVIDSON COUNTY STATE OF NORTH CAROLINA

APPLICATION FOR A VARIANCE

11/17/2020

I, Robert W. Petree, hereby petition the Board of Adjustment for a VARIANCE from the literal provisions of the Davidson County Zoning Ordinance because, under the interpretation given to me by the Zoning Enforcement Officer, I am prohibited from using the parcel of land described in the attached form (Application for a Hearing) in a manner shown by the Plot Plan attached to that form. I request a variance from the following provisions of the ordinance (cite paragraph numbers): Section 4.06 Dimensional Standards for Accessory Structures and Section 4.13 Table of Dimensional Requirements

So that the above-mentioned property can be used in a manner indicated by the Plot Plan attached to the Application for a Hearing form, or if the Plot Plan does not adequately reveal the nature of the variance, as more fully described herein (if variance is requested for a limited time only, specify duration requested): Variance of 4 feet to the side yard setback

FACTORS RELEVANT TO THE ISSUANCE OF A VARIANCE:

The Board of Adjustment does not have unlimited discretion in deciding whether to grant a variance under the terms of the Davidson County Zoning Ordinance. A variance may only be allowed by the Board of Adjustment in cases involving practical difficulties or unnecessary hardships when substantial evidence in the official record of the application supports all five of the Findings of Facts listed below. In the spaced provided below, indicate the facts you intend to show and the arguments that you intend to make to convince the Board that it can properly find the following five required findings of fact:

1. That the alleged hardships or practical difficulties are unique and singular as regards the property of the person requesting that variance and are not those suffered in common with other property similarly located. Practical storage locations for our recently purchased travel trailer are limited due to septic tank/field locations, property ingress and egress locations, and the area available to maneuver a 50 foot long rig. We have been advised that to reduce long term maintenance costs we should provide a protective covering for the roof surface to protect the camper from tree debris and UV exposure damage.

Staff Comment: The dimensions and shape of the lot, along with the existing structures, septic field, and topography, create a unique lot which results in a hardship not seen in other similarly located lots.

Variance Application Application No. Click or tap here to enter text.

2. That the alleged hardships and practical difficulties, which will result from failure to grant the variance, extend to the inability to use the land in question for any use in conformity with the provisions of this ordinance and include substantially more than mere inconvenience and inability to attain a higher financial return. Locating a RV shelter at any other location on the property would be very challenging due to septic tank/field location and possible disruption of view corridors for some neighbors. Intrusion into the side setback area would be inside our existing fence and approximately 42 inches at the end closest to the road and less than 12 inches at the end facing the lake.

Staff Comment: This request is to allow applicant to construct a shelter to protect his personal property from damage.

3. That the variance, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by allowance of the variance: A temporary accessory structure at the current camper storage location would not encroach on any adjacent properties and would not disturb the existing view corridors for any neighbors or adjacent waterfront properties.

Staff Comment: Though staff cannot speak to questions of property valuation, the addition of this structure will be quite minimal and should not appear out of place on a lakefront lot in this part of the County.

4. That the variance is in harmony with and serves the general intent and purpose if this ordinance: The ordinance seems to recognize that lake property is often narrow and used differently from property in more traditional subdivisions. Storage buildings and carport type accessory structures are very common for the protection of resident’s automobiles, boats and campers. They are commonly located in what would normally be considered the “front yard” elsewhere.

Staff Comment: This request appears to be in harmony and supported by the ordinance.

5. That allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this ordinance and the individual hardships that will be suffered by a failure of the Board to grant a variance. Allowing this variance would allow us to provide the needed protection for our personal property with the minimum possible impact to adjacent properties and the existing view corridors for other neighboring properties. I certify that all of the information presented by me in this application is accurate to the best of my knowledge, information, and belief.

VARIANCE APPLICATION

Signature of Applicant ______DAVIDSON COUNTY STATE OF NORTH CAROLINA

APPLICATION FOR A VARIANCE

11/17/2020

Staff Comment: Without this variance, it appears the applicant would be unable to place a suitably-located and sized structure on his property to protect his travel trailer.

Variance Application Davidson County Planning Department 913 Greensboro Street Post Office Box 1067 Toll Free Numbers Lexington, North Carolina 27293-1067 Lexington: 336-242-2220 Winston-Salem: 336-723-7890 ext. 2220 Guy L. Cornman, III Denton: 336-859-2194 ext. 2220 Planning Director

Adjoining Property Owners From the Tax Administrators Office as of: 11/24/2020

Parcel ID Owner Name Mailing Address 15029D0000098 EVERHART VIRGIE DIANE 1061 HIGH ROCK SHORES DR LEXINGTON NC 27292- 15029D0000036 ENDS CYNTHIA T 255 HIGH ROCK DR LEXINGTON NC 27292 15029D0000032 PETREE ROBERT W 263 HIGH ROCK DR LEXINGTON NC 27292- 15029D0000030 CRAVER BILLY H PO BOX 299 WELCOME NC 27374 1502900000016A OWEN DAVID L 304 HIGH ROCK DRIVE LEXINGTON NC 27292- 1502900000016 STEVENS JOHN CHARLES 1050 HIGH ROCK SHORES DR LEXINGTON NC 27292

"Planning for a Better Tomorrow" D R R E M L A P H DR EEC B RD H C R D U R H C S Y G A G W I O R L B L

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FLO YD 98 RD 36 HIGH ROC Legend K SH ORE S DR Secondary Road Interstate Site NC Hwy 16 US Hwy R Zoning Boundaries D

K Property Lines C O City Zoning R

H ± 30 G I Applicant: 16A H Robert W. Petree

Property Owner: Robert W. Petree

Scale 1 inch = 100 feet Drawn By: JDT Date: 11/30/2020 REVISED: Variance

4 Feet to Side Yard Setback

Silver Hill Twsp., Tax Map 29D, Lot 32 Containing 0.55 Acre More or Less 2018 Aerial Photography

Type System CERTIFICATE OF COMPLETION [ I OPERATION PERMIT 1 uo9 ' H. D. Permit # DAVIDSON COUNTY DEPARTMENT OF PUBLIC HEALTH ' Map Code

Lot # Township Tax Map Property Owner Sect. # Lot # Subdivision Builder

Property Location

Grease gallons Pump Tank gallons Trap NEW SEPTIC TANK SYSTEM: Septic Tank gallons Line Width ft. No. of Lines Length of Lines Nitrification Field sq.

H. O. Inspection Frequency Stt ne Depth Grease gallons Pump Tank_ gallons Trap Rik AIR TO EXISTING SYSTEM: Septic Tank gallons Total square footage square footage added Nitrification Field: Existing square footage 1 Stone Depth Length of Lines Line Width No. of Lines H. D. Inspection Frequency - Bullrun Valve Switching Frequency SYSTEM DESIGNED FOR:

Structure No Bedrooms by No. Occupants No. Employees

Basement LT. Fixtures

Area Water Supply r— Lot r— c Water Line c Nearest Distance to Water Supply s • Foundation Property Line CInstalled By: Remarks:

130A 333. NOTICE: This approval is issued subject to all the provisions of Article 11, G. S. 339 1900 and Laws and Rules for Sanitary Sewage Collection, Treatment, and Disposal, Section . in of the North Carolina Administrative Code. No person is permitted to make alterations the an authorized design or use of this system other than its designated use without approval of installed in with state agent. This approval indicates that this system has been compliance 0 Approved El Disapproved no taken as a that the standards set forth in the above rules, but shall in way be guarantee for of time. State Agent the system will function satisfactorily any given period

Date urar.. I/? g0 nu.. wu. .

Code_ 150-, S IMPROVEMENTS PERMIT Map HEALTH DAVIDSON COUNTY DEPARTMENT OF PUBLIC N2 17806

Tax Map Lot Township Property Owner Sect. # Lot # Subdivision Builder G (#57 ` 11,--1`_ r_, ) L Property Location •

SYSTEM DESIGNED FOR: acres Watershed Lot Area Sq. Ft Lot Size D Addition 0 New O Repair B R Lot Size F L i- fl No. Occupants B R Structure 1< - ure Set Back: F L Shifts t r No. Employees i' r` 1-` f" l d v `"'' •K'=_ T' NCI- No. Bedrooms Remarks: , iat 1 u +s L Basement Fixtures Basement Tank Gallons Septic Tank i CJO<- 7 Gallons Pump

No of Lines Grease Trap Gallons G00 Width Length of Lines Line

ft. Stone Depth Nitnficahon Field C°- `--- sq Classification Water Supply System et.;, v ai. J . 4 . Treat- or installer as required by the Wastewater 7 NOTICE. Type IV systems must be installed by a certified operator V' ar with Bill 372 Type V( e) systems onlybecan ment Plant Operators Certification Commission in accordance Senate install contractors registered with the Davidson County Health Department may L installed by a certified operator Only fora sewage disposal system on the above rr— systems Classified I. Il, or III The above are minimum specifications F^. the to with local zonng and building regulations, ail provisions captioned property. Thus permit is subject compliance Treatment, and Disposal. and Laws and Rules for Sanitary Sewage Collection, Yi Jl t c of Article 11. G. S 130A. 333 hough 339, Administrative Code.' r__ c j- Section 1900 of the North Carolina

1 the t to the information I have provided is accurate I understand the requirements of this permit and Y_-__.. best of my knowledge.

i I Owner. ^. Agent r

five from date of Issue I This permit expires years

r'—'- Permit Denied 0- Permit Granted. t \ State Agent i` r ` 1 '

I /` Date 1 '

DAVIDSON COUNTY

AGENDA ITEM

TO: BOARD OF ADJUSTMENT

DEPARTMENT: Planning and Zoning

PREPARED BY: Lynn Wilson

TITLE: New Business

BACKGROUND:

RECOMMENDATION(S):

Attachments

DAVIDSON COUNTY

AGENDA ITEM

TO: BOARD OF ADJUSTMENT

DEPARTMENT: Planning and Zoning

PREPARED BY: Lynn Wilson

TITLE: ADJOURN

BACKGROUND:

RECOMMENDATION(S):

Attachments