MoCIe M  Ee MorTAr Agenda  Town ofMooresville Board of Adjustment February 11, 2021  6:00 PM - Charles Mack Citizen  Center  1. Call to Order  2. Chairperson's Welcome and Opening  3. Pledge of Allegiance  4. Postponement or Withdrawal Requests 5. Consideration of Approval ofl Minutes 5.a December 10, 2020 Minutes 12-10-2020 minutes.pdf  6. Old Business 7. Swearing In 8. New Business  8.a V-2021-02, Beech Tree Road V-2021-02 BOA Packet.pdf 8.b V-2021-01, 552 East Iredell V-2021-01 BOA Packet.pdf 9. Administrative Items 10. Adjournment    Agenda Item No. 5.a  MOOTES (M) LOEEMOrTAT  Town of Mooresville  Board  of Adjustment  To:  Members of the Board of Adjustment From: Planning and Community Development Subyect:December: 10, 2020 Minutes Type: Consideration of Approval of Minutes  Date: February 11, 2021  SUMMARY: ACTION RECOMMENDED: ATTACHMENTS: 12-10-2020 minutes.pdf    Board of Adjustment Minutes December10, 2020 Board of Adjustment Minutes  December 10, 2020  doten Morm Members Serving: Steve. McGlothlin, Chairman Rosalind Campbell, Vice Chairman Jeremy Katz John Robertson Alan Johnson  Also Present: Danny Wilson, Director, Planning & Community Development Craig Culberson, Senior Planner Jackie Thompson, Administrative Specialist Becca McSwain, Zoning Administrator Carey Austin, Assistant Town Attorney  Not Serving: Kurt Hodgen Danny Martin Mark Brady Mitch Abraham  Mr. McGlothlin called the Public Hearing to order at 6:04 P.M.  Opened Public Hearing  1.) Approval of the minutes from the November 12, 2020 Board of Adjustment meeting. ACTION: A motion by Mr. Robertson, seconded by Ms. Campbell to approve the minutes. 2.) Consider a VARIANCE request from Hopper Communities. The property is located on West Waterlynn Road, further referenced by Iredell County Tax Map PIN# 4646-86- Becca McSwain, Zoning Administrator, Nick Chung, Engineer & William McDaniel, Developer were sworn in. Becca McSwain, Nick Chung, & William McDaniel presented ACTION: Based on the application, staff report, the evidence and testimony submitted, and the forgoing finding of fact, all of which are incorporated fully by reference herein, the  The motion was unanimously approved.  5125. The request is in reference to 9.2.5 Block Design.  the request.  Town Board of Adjustment finds as follows:  a. By a unanimous vote, the Board finds "Strict application of the ordinance would  result in unnecessary hardship or practical difficulties."    Board of Adjustment Minutes December10, 2020  b. By a unanimous vote, the Board finds the hardship is a result of conditions that are C. By a unanimous vote, the Board finds "The hardship did not result from action taken d. By a unanimous vote, the Board finds "The requested variance is consistent with the spirit, purpose, and intent oft the ordinance, such that public safety is secured, and  peculiar to the property, such as location, size, or topography.  by the applicant or the property owner."  substantial justice is achieved." Applicant is hereby granted a variance.  Closed the Public Hearing. The meeting was adjourned at 6:301 P.M.  2    Agenda Item No. 8.a  Moore L Gate NormAT  Town of Mooresville Board of Adjustment  To:  Members of the Board of Adjustment From: Planning and Community Development ulbyect.V-2021-02, Beech Tree Road Type: Public Hearing Date: February: 11, 2021  SUMMARY: ACTION RECOMMENDED: ATTACHMENIS: V-2021-02 BOA Packet.pdf    Town of Mooresville  Gclorase  Board ofAdjustment Staff Report  From: Date: Project: Request  Becca McSwain, Zoning Administrator February 11, 2021 V-2021-02, Beech Tree Road  This is a variance request from Woodland & Waterview, LLC1 for aj property located on Beech' Tree Road, PIN 4636-08-104, for relieffrom Sections 7-3, Open Space Standards; 9.2.4(2)(B), Frontage Upgrade Required; 9.2.6(3), Limited access to collector streets; 10.3.2(1),(2) & (3), Street Access; and Located on Beech Tree Road, the property is zoned Single-Family Residential-2 (R2). It is adjacent to the County Residential. Agriculture (RA)zoning designation' tot the north, east, and west, and the Single- Family Residmtial3(R)roning: designationi tot thes south.Asurvey: and thel location, aerial, and zoning The applicant is requesting three variances to develop a seven-lot single-family development. The first is the waiving of the open space requirements (Section 7-3). A large portion of the property is not developable due to lake buffer requirements and a significant utility right of way. The second is the waiving of access to collector street requirements (Sections 9.2.4(2)(B) and 9.2.6(3)). The Zoning Ordinance requires a limited access street forl lots fronting a collector street. However,iti is not possible to create one. limited access street duet to lakel buffers. Thet third is the waiving ofs sidewalk requirements (Sections 10.3.2(1), (2) & (3), and 10.3.9). The Zoning Ordinance requires sidewalk along Beech Tree frontage and Shetland Place. The applicant would like to eliminate sidewalks on both street frontages. Lakel buffer restrictions makes a sidewalk on a portion of Beech' Tree unfeasible. Sidewalk is feasible for the rest oft the frontage. The Zoning Ordinance also states that ai feei in lieu may be requested where iti is impractical or unfeasible to construct required sidewalk. The applicant is requesting a waiver oft thei fee Thisisarehearingo ofap previouslyconsidered variance. ThereiefofSetiona73 Open Space Standards; 9.2.4(2)(B), Frontage Upgrade Required; 9.2.6(3), Limited access to collector streets was approved in 2018. The applicant's request has not changed from the previous hearing. The rehearing is required based on Section 2.3.4(9) of the Zoning Ordinance, which renders a variance approval null and void after one year if al building permit is not obtained. The ordinance has subsequently been amended to The Board of Adjustment shall only grant a Variance after having first held a public hearing on the mattera and having made the following determinations or findings of fact: 1. Unnecessary hardship would result from the strict application oft the ordinance, 2. Thel hardship results from conditions that are peculiar to the property, such as location, size, or  10.3.9, idewalks/Planting Strips.  Description  maps are attached to this report.  Analysis  inl lieu requirement.  lengthen the time a variance is valid. EindingsofFact  topography,    3. Thel hardship did not result from the actions taken by the applicant or the property owner, 4. The requested variance is consistent with the spirit, purpose, and intent oft the ordinance, such  that public safety iss secured, and substantial justice is achieved.  Board ofAdjustment Options  Approve the variance request becausei it is consistent with the Findings of Fact Deny the variance request because iti is not consistent with the Findings of Fact  Attachments Location Map Aerial Map Zoning Map Application Previous Staff Report  Previous Approval Notice to Applicant    Hwy 450  w 150  EE4  2018PInBound Subject Property Streets Town Limits Lake Norman  (M Vicinity Map February 11,2021 Beech Tree Road and Shetland Place PIN 4636-08-1404  Miles 0.325 0.65 Disclaimer Data sourced from public informations notbe: accurate. Thel Towno ofMooresville assumesnol legal foranyir containedint map. Forir Mapp producedb Planning Department.    BEECHTREE  FCNA  WINGSTEM-  (M)  Aerial of Subject Property February 11, 2021 Beech Tree Road and Shetland Place PIN 4636-08-1404  Feet 205 410 andn may Data sourced Thel oms public ofMooresvile information assumes no containedin Users seofs Forinbomationaluse only. Mapp producedby Planning Department.  Subject Property     C  R2  X  AEECNTRE  R3  PAS  OALDENENS  Bp C WINGSTEM  ERTe e  /  Subject Property LakeNorman Conditional Zoning R2 (Single Family Residential 2) R3 (Single Family Residential: 3) R5 (Single Family Residential 5) RMX (Residentiall Mixed Use) RMXMH (Manufactured Housing) NMX (Neighborhood Mixed Use)  CMX (Corridor Mixed Use) VC( (Village Center) TC (Town Center) HB (Highway Business) HI (Hybrid Industrial) GI (General Industrial) EI (Exclusive Industrial) PC( (Planned Campus)  M) Current Zoning February 11, 2021 Beech Tree Road and Shetland Place PIN 4636-08-1404  200 400 Feet Datas sourced oublic TheT Town assumes information nol wnrisk any ofthisi Fori informational Planning Department      BATHCREEK  BEATENPATH  DUEWEST  BEECHTREE  S  P GOLDEN STAR    FORESTLAKE  6  BEer  PINEMIST  -  S  Subject Property Greenway EasiWesiConnector Neighborhood Center Node Village Center Node  Future Character Town Residential Mill Village Neighborhood Residential Peninsula Residential Rural Residential Future/Cluster Residential Downtown Edge Downtown Center Mixed Use Destination Mixed Use Corridor Employment Center Industrial  (M) Future Character and Land Use February 11,2021 Beech Tree Road and Shetland Place PIN 4636-08-1404  1Feet 1,000  500  Town Disclamer Datas assumesn sourced nol tromp legaln public responsibility* informationa fora any andr informa Usersa area advised! useonly. thattheu Mapp use produced ofanyo thisi DyM informationi Planning their Department. ownr  The    MOOIES NA Sle MOrTIET  CASET NO. BOA HEARING DATE  TOWN OF MOORESVILLE - APPLICATION FOR A VARIANCE  HEARING  IMPORTANT INSTRUCTIONS FOR FILING A VARIANCE, APPLICATION APPLICATION MAY BEFILEDI IN PERSON OR CANI BE. ACCEPTED BY MAIL This application must be filed at least sixty (60) days before the meeting of the Town of Mooresville Board of Adjustments and within thirty (30) days of the Notice of Violation, if applicable. The application must be submitted to the Mooresville Planning & Community Development Department, 413 Hearing. Applications are placed on the agenda according to the acceptance date. A Zoning Board of Adjustments fee is required tol be paid when submitting the variance application form. Make check  North Main Street, Mooresville, NC 28115, by 12:00 noon on  The meeting will be  held on  You will bes notified by mail of the date, time, and location of the Public  payable to Town of Mooresville. Kesidental/Commerial The following information is required:  $500.00  Submit a physical survey (not to exceed 81/2"x 14"). or provides a scale drawing, describing the property and the variance request. Give: all: appropriate dimensions or computations, building structures, and their distance toz all property lines, right-of- Iftitlet to they propeny is noti int ther name of the applicant, include a notarized leiter from the owner: signifying his approval.  ways, ctc., pertaining tot ther requested variance.  Application must bec completed, dated, ands signed by the: appropriate parties, and notarized.  FOR YOUR INFORMATION  Upon filing a variance application witht the Mooresville Board of Adjustments, the following rules and  procedures shall apply until the Board has ruled on the variance request:  No future construction work shall be donc except in: accordance with the provisions of the Zoning All proceedings to enforce compliance willl bel heldi in abeyance. All written or physical evidence (plans, maps, pictures, letters, ctc.) presented before the Board becomes part of the physical record and property oft the Town of Mooresville. All testimony given before the Board shall be given under oath. Youl have the right to appeal and present your case before the Board.  Ordinance.  Applications may! be represented by council at their own expense, ift they choose to do so. AI Board member camot discuss any case with any parties thercto prior 10 the public hearing on  that case.    CASENO. BOA HEARING DATE  CHECK LIST OFITEMSTOBE INCLUDEDON/WITILAPPLICATION  Have you! been specific by: stating the sections oft the Ordinance related to your variance request? Haves you described your variance request andi includedap physical survey or as site plan? Have you: answered: all the questions listed under the heading "FACTORS RELEVANT TOTHE Is your application complete, dated, signed by the appropriate parties, and notarized? If you are not the property owner, have you included a notarized letter from the property owner Names, addresses, and tax parcel number of adjacent property owners including those separated  ISSUANCE OF A VARIANCE?"  giving youy permission to: appear before the Board?  by street right of ways. Fee  Your variance request willl NOT be placed on the agenda if complete information and requested  documentation is not included.  BOARDOF ADJUSIMENT HEARING PROCEEDINGS  All exhibits should be numbered and must remain witht the Board. Please turn them into the Zoning Administrator for tagging. The: applicant shall have upt to 151 minutes to speak. Other persons wishing to spcak must signi inand This is a quasi-judicial Board that can only accept sworn testimony. Hearsay is not: admissible.  are limited to threc (3), minutes,  Appeal from this Board is to Superior Court of North Carolina. You have thirty (30) days from the date of the The Planning & Community Development Department shall be notilied in writing fifteen (15) days before the Board of Adjustment meeting ofa withdrawal for the full refund of the application fee. Failure to withdraw within fifteen  Board's written decision to file an appeal.  (15) days oft the mceting date will forfeit all refunds.    MOOIO 1 GICHorIr  CASE NO. BOA HEARING DATE  APPLICATION FOR A VARIANCE  Variance request on property located at: Beech Tree Rd and Shetland Pl.  Property Zoned: R2 Applicant:  PIN# 4636-08-1404 Woodland & Waterview, LLC  Lot Size 5.35 acres  Property Owner Woodland & Waterview, LLC  Applicant Address: 4210 Sigmon Cove Ln, Terrell, NC 28682 TOTHETOWN OF MOORESVILLE BOARD OF ADJUSTMENT:  Applicant Phone# 704-662-6400  Date existing structure was erected: N/A  Len Bealer  e Woodland & Waterview, LLC hercby petition the Board of Adjustment for a Variance from the literal provisions of the Mooresville Zoning Ordinance because, under the interpretation given to me by the Zoning Administrator, I am prohibited from using my parcel of land described above in the manner shown by the plot plan attached to this form. Irequested a variance from the following provisions oft the  Zoning Ordinance (cite Sections numbered and Code requirements):  OPS Variance: 7.3 Open Space Standards. Access to Collector Variance: 9.2.6(3): No Collector Strts. 10.3.2 incl (1)(2) and (3): Street Access. Sidewalk Variance: 9.2.4.2(B): Direct Access to Upgrade. Required. 10.3.9 Sidewalka/Planting, Strips; ()Sidewalks Required. (2)Fee OPS Variance: Due. to 528 of the 5.35 ac project being unqualified area for OPS, the small the configuration of this project bounded by Beech Tree Rd, Shetland PI and Lake sought from all OPS Requirements. Access to Collector Variance: Due to the small Norman, a configuration of this project bounded by Beechi Tree Rd, Shetland P1 and Lake project area, the for alternative access a variance is sought. from all Access limitation Requirements. Norman, and lack of Variance: space Due to grade and environmental issues, the applicant wishes to omit 161 LE of and 452 LF of sidewalk along Beech Tree Rd without payment in lieu of their omission. sidewalk on the cul de sac,  Frontage project variance area, Sidewalk  Sidewalk Installation.  in Lieu. of Required  Describe the VARIANCE bcing requested on the above referenced property:  is  FACTORS RELEVANTTOTHE ISSUANCEOF A VARIANCE:  The Board of Adjustments docs not have unlimited discretion in dcciding whether or not to grant a variance. Under the state enabling act, the Board is required to reach three conclusions as a prerequisite to1 the issuance ofa variance: (a) that there are practical difliculties or unnecessary hardship in the way of carrying out the strict letter of the Ordinance, (b) that the variance is in] harmony with the general purpose and intent of the Ordinance and prescrves its spirit, and (c) that in granting the various, the public safety and welfare have been assured and that substantial justice has been done. In the following spaces, indicate the facts and the argument you plan to render, in order to convince the Board, to properly determine that cach of these thrce (3) CONCLUSIONS are applicable to the structure of the site. A through E are the Findings of Fact questions that the Board will answer following the Public Hearing.  They must answer yes to each Finding in order to grant the variance.    CASENO. BOAI HEARING DATE_  (A)THERE ARE PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIPS IN The courts have developed three (3) rules to determine whether, in a particular situation, "practical difficulties or unnecessary hardships" exist. State the facts and arguments in support of cach of the following; (I)i if he complies with the provisions of the Ordinance, thej property owner can secure no reasonable return from, or make no reasonable use of his property. (2)The hardship of which the Applicant complains results from unique circumstances related to the Applicant's land. (3) The  APPLICATION OFTHEORDINANCE REQUIREMENTS,  hardship is not a result oft the Applicant's own actions (see Finding B).  Please refer to the Concept Plan in appraising the unique configuration and constraints It is an un-platted portion of land previously owned by Crescent Resources when Lake Norman of this was parcel. Unique to this parcel is a 200' wide Duke Power transmission. line right of way although not use formed. Duke, it cannot be used for developmenty which. comprises 1.54 acres (298) of this 5.35. acre in project. by Additionally, approximately 1,530 LF of shoreline has a 50' Buffer encroaching into this buffer area net of Duke Power transmission right of way, is 1.24 acres (238) of this 5.35 parcel. The Combined, 2.79 acres (528) of the project area is considered unqualified to be considered acre parcel.  be encroached on for development purposes.  OPS, and cannot  (B). ANY PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIPS ARE NOT THE  ASULTOFTHEACTIONS OFTHEAPPLICANT.  The practical difficulties and hardship are essentially a product of this parcel's configuration and infill location created when Lake Norman was formed, roads constructed and initial platting of the lakefront property completed. The applicant has given his best efforts at working with these conditions.  (C)THE REASONS SET FORTH INTHE. APLCATIONJISTINYTIHEGRANTING OFA A VARIANCE, AND THAT THE VARIANCE IS THE MINIMUM ACTION THAT WILL MAKE POSSIBLE THE REASONABLE USE OF THE LAND OR STRUCTRES.  OPS Variance: Due. to. 528 of the 5.35. ac project being unqualified area for developable acres remaining, and the small number of lots proposed to support an sought from all OPS Requirements. Access to Collector Variance: Due to this applicant wishes to omit 161 LF of sidewalk on the cul de sac, and 452LF of sidewalk  the small overall a variance of is 2.56 HOA, Beech Rd along Tree  area, the. configuration of this infill parcel, and an open space requirement OPS, of 1.07 acres the project are no alternative approaches to meet. the access. limitations in the. Ordinance, parcel's a variance configuration, there all Access limitation Requirements. Sidewalk Variance: Due to grade. and environmental issues, is sought the from  without payment in lieu for their omission.  (D) THE VARIANCE ISI IN HARMONY WITHTHE GENERALPURPOSE AND INTENTOF (State facts and arguments tos show that the requested variance represents the least possible deviation from the letter of the Ordinance to allow a reasonable use of the land; and that the use of the property, ift the variance is granted, will not substantially detract from the character of the ncighborhood.)  THIS ORDINANCE, AND PRESERVESIT'S: SPIRIT.  This project proposes 7 lots on 5.35 acres, a density of 1.31 dwelling units per acre as opposed to 2 dwelling units per acre allowed in R2. As such it is consistent with residential development in the area as well as the land use plan. There will exist substantial amounts of undisturbed open area though not qualified, and will minimally affect the functioning of vehicular and pedestrian traffic in the immediate  area.  (E)INTHE GRANTING OF THE VARIANCE, THE PUBLIC SAFETY AND WELFAREHAVE  BEEN ASSURED. AND: SUBSTANTIALJUSTICEHAS BEEN DONE.  Due to the project size, density, minor variances to code items, and its consistency with existing development in the area, the granting of this variance to all sections of the code noted herein essentially does not negatively impact. the overall public safety and welfare, and allows reasonable use  ofthe parcel. As such, substantial justice has been done.    TOWN OF MOORESVILLE "FINDINGS OF FACT" CHECKLIST  Icertify that all of the information resented by me is accurate to the best of my knowledge,  information, and belief.  lgo.  Signature of Name of Applicant pOboy 4357 Complete. Address Vl@otesvile,NG,.4817 City,State,Zip LEN BeAler  LEN Balen MabKMANEPGE WPLAND WATERVIEW,ZLG  personally appeared before me this day and  acknowledged the due execution oft the foregoing instrument.  Witness by my hand and official scal this, 15H dyanaquany 20021  My Commission in4-S-RORH  CANDICE TATU Notery Public, North Carolina Iredell County My Commission Expires 4-4-4034  Chdce Public Notary  utu  IFTHE APPLICANT IS NOT THE OWNER OF THE PROPERTY, indicate the owner's name and address, along with aj notarized letter signifying approval TOI REQUEST A VARIANCE on his/her  property. Lew Beake, Pemba/RNEgeR Aalw-lhawwk Property Owner 4a boy 4357 Address Mooresville, NL 28!7 City,State,Zip 704-W62-b40 Phone# and email address    CASE NO. BOA HEARING DATE  Please list all the adjacent property owners below. Ifthere are not enough spaces please follow  the same format below on a separate sheet and attach to the application.  Name 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.  Address  Signature  1. (See attached zoning map with adjoiner index and adjoiner list)  This information can be obtained through the Iredell County Web Page at ww.co.iredel.nous then click on GIS. If you need assistance call the Iredell County Mapping Department at 878-3137 or the Mooresville Planning & Community Development  Department at 662-7040.  TOWN OF MOORESVILLE    CASENO. BOA HEARING DATE  Variance Request "FINDINGS OF FACTCHECKLIST  Application Number:  Date of Application  Applicant's Name: Woodland & Waterview, LLC  4210 Sigmon Cove Ln, Terrell, NC 28682  Property Location: The intersection of Shetland PI and Beech Tree Rd  Tax Map Number: 4636-08-1404 Proposed Variance:  Existing Zoning: R2  HINDINGSOFFACT  A. There are practical difliculties or unnecessary hardships in application of the Ordinance B. Any Practical difficultics or unnecessary hardships are not the result of the actions ofthe Thereasons set forth int the application justify the granting ofa Variance, and that the Variance is the minimum action that will make possible the reasonable use of land or D. The Variance is in harmony with the general purpose and intent of this Ordinance  requirements; and applicant; structures; and preserves its spirit; and justice has been done After having held a public hearing on  YES YES YES YES YES  NO NO NO NO NO  E. In the granting of the Variance, the public safety and welfare have been assured and substantial  and in light of the finding of  facts listed herein, the following action was taken by the Mooresville Board of Adjustment:  In approving said Variance, the following conditions were imposed by the Mooresville Board of  Adjustment:  Board of Adjustment Chair; Town of Mooresville  Date    dpue,  2    Adjoiner List for Beech Tree Rd tract Variance Application (See zoning map with adjoiners indexed)  1. 4636-08-3568 Beechtree Bay HOA 17284 Statesville Rd, Ste 121 Cornelius, NC 28031 2. 4636-08-4545 Chad and Buket Boucher 121 Chestnut Bay Ln Mooresville, NC 28117 3. 4636-08-5468 Jeffrey and Janice Lowrance 125 Pomeroy Ln Mooresville, NC28117 4. 4636-08-6377 Melinda Dawn Richardson 107 Chestnut Bay Ln Mooresville, NC28117 5. 4636-08-9158 Daniel K. Fulk 213 Beech Tree Rd Mooresville, NC28117 6. 4636-08-7195 Farms POA, Inc c/o Main Street Management Co Cornelius, NC28031 7. 4636-07-8732 Farms POA, Inc c/o Main Street Management Co Cornelius, NC28031 8. 4636-07-3977 Farms POA, Inc c/o Main Street Management Co Cornelius, NC: 28031 9. 4636-07-0928 Farms POA, Inc c/o Main Street Management Co Cornelius, NC: 28031    10. 4626-98-7224 Farms POA, Inc c/o Main Street Management Co Cornelius, NC 28031 11. 4626-98-4255 Jose M Rebelo 2145Michigan Ave Kenilworth, NC 07033 12. 4626- 98-3586 Michael A,J Jra and Karen Giordano 117 Shetland PI Mooresville, NC: 28117 13. 4626-98-5816 Mark A: and Susan O Hughes 6805 Medinah Ct Charlotte, NC: 28210 14. 4636-08-0892 Bruce and Tracy R Corcoran 133 Chestnut Bay Ln Mooresville, NC28117 15. 4636-08-1751 Carl MI Nicks 131 Chestnut Bay Ln Mooresville, NC28117 16. 4636-08-2611 Sandman Investments, LLC 3506 Governors Island Dr Denver, NC28037    00v9 299 P0Z N 3A0) NOWDIS 0121 om MSIABSINH * GNVIGOOM  VNITORVO HJJON 37TAS3400W aa 3381 H0338 NVId daONOD NOISIAIGENS  NDISIG INOWGId      0049-299- 90L N3A0S 28987 ONTAHSL NONDIS 01Z+ DTI MSIABSIVE # GNFIGOOH  VNITOIVO HLON 3TTIASAIO0N) a 33H1. 10338 JI8IHX3 JONVIHVA NVId LdONOD NOISIAIGENS  NDISIG INOWGSIC  purnous x37  PA 19AMOIL  PE    00r9- 299-90L N 28922 3A03 ON38e31 NONDIS 0129 m MSIAESIVN #G GNYIGOON  VNITOIVO HLION 3TTIASIHOON) aa 3341 H333A NVId LdIONOD NOISIAIGENS  V'saiepossy a NDIS3O INOWGSId    Planning & Community Development  STAFF REPORT Case#: V-2018-05 Hearing Type: Variance Consideration Dates:  M / Giclorse  DOriginal Zoning Rezoning  Amendment Appeal of Admin. Decision  OText  OCUP  Board of Adjustment: September 13, 2018 Consideration of Approval: September 13, 2018 12 Notices Mailed: August 28, 2018 Ad Publication Dates: August 29 &. September 5, 2018 Applicant(s): Woodland & Waterview, LLC Owner(s): Woodland & Waterview, LLC  Notifications:  GENERAL INFORMATION Not Applicable  Request: Three variances: 7.3 Open space standards, 9.2.6 (3) No direct access to collector streets, 10.3.2 include 1, 2&3 3 street access, 9.2.4.2 (B) Frontage upgrade required 10.3.9 idewalks/Planting  Strips; (1) Sidewalks required (2) Fee in Lieu of required sidewalk installation  Conditions (if applicable): N/A Location: Beech Tree Road Parcel Number(s): 4636-08-1404 Tract Size: 5.35acres SITE DATA Not Applicable    Planning & Community Development  Existing Use: vacant land  Adjacent Zoning R20 R20 RR R3  Adjacent Land Uses Residential Residential Residential Residential  N E W S Zoning History Case #  Date  Request Summary  M2018-05 9-13-2018 7.3 Open space standards, 9.2.6( (3) No direct access to collector  streets, 10.3.2 include 1, 2&3 3 street access, 9.2.4.2 (B) Frontage upgrade required 10.3.9 Sidewalks/Planting Strips; (1) Sidewalks required (2) Fee in Lieu of required sidewalk installation  Applicable Small Area Plan Applicable Plan(s):  Yes  No  ZONING DISTRICT STANDARDS Not Applicable District Summary * Zoning District Designation: Max. Density: Typical Uses  Existing R2 2units/acre Residential  Requested N/A N/A N/A  *These regulations may not reflect all requirements, for all situations; see the Town of Mooresville. Zoning Ordinance for all applicable regulations for site  requirements) fort this zoning district.  INFRASTRUCTURE AND SERVICE IMPACTS Not Applicable  MAJOR ROADWAYIMPACTS: ROAD ACCESSAND CAPACITY:  2    Planning & Community Development  Roads  Capacity Deficiencies  ROAD PROJECTSA AND STUDIES: NONE  UTILITIES: CURRENT WATER AND SEWER AVAILABILITY  Thes site is currently connected to and utilizing the water ands sewers system.  WATER: PROVIDER: Town Utilities Private Other SEWER: PROVIDER: Town Utilities Private Other Comments:  Not Available  Available  SIZE OF WATERL LINE:8'&%" LOCATION: EIK Shore Lane, Yellowbell  Not Available  Available  SIZE OF SEWERI LINE:8" LOCATION: Beech7 Tree Road  ENVIRONMENTAL IMPACTS Not Applicable  Located within a FEMA Flood Hazard Zone Located within a' Watershed Area. WS-IV Critical Low impervious lake buffer 501 feet High impervious lake buffer 100 feet  3    Planning & Community Development  STAFF SUMMARY  Property: zoned R2  Project proposes 7 single family lots There are 4 separate variances in this request. Waiving of open space requirements No direct access to a Collector Street Requirement for sidewalk along street frontage Waiver of Payment in Lieu for required sidewalk Project consists of 7 large lots with individual lake access Al large portion oft the property is not developable due to lake buffer requirements and a significant utility right of way.  Waiving of open space requirements. Total project area is! 5.35 acres  No direct access to a Collector Street.  Ordinance requires a limited access street for lots fronting a Collector Street Int this case, limited access street does not reduce the number of driveways Not possible to create one limited access street due to lake buffers Ordinance requires sidewalk along Beech Tree frontage and Shetland Place Applicant is asking to eliminate all sidewalk along both frontages There is a portion of Beech Tree that is not feasible due lake buffer restrictions Ordinance provides that a fee in lieu may be requested where is impractical or Town position is that sidewalk construction or payment in lieu should be made.  Requirement for sidewalk along street frontage.  Sidewalk is feasible for most of the frontage Waiver of Payment in Lieu for required sidewalk. not feasible to construct required sidewalk. Payment in Lieu is an ordinance option to sidewalk. Not a waiver of both options.  BOARD OF ADJUSTMENT. ACTION  Action:  Approve the request as submitted Approve the request with reasonable conditions Deny the request Commentary:    Planning & Community Development  5    vore M) HEN Norma  TOWN OF MOORESVILLE NOTIFICATION TO APPLICANT  V-2018-05 Woodland & Waterview, 4210 Sigmon CoveLane Terrell, NC 28682  LLC  On September 27, 2018 The Mooresville Board of Adjustment after having conducted a Public Hearing and having approved the Findings of Fact,  reached the following decision:  Approved the following request for a VARIANCE from Woodland & Waterview, LLC. The property is located on Beech Tree Road and Shetland Place, further referenced' by Iredell County Tax Map PIN 4636-08-1404. The request is for three variances: 7.3 Open space standards, 9.2.6(3) No direct access to collector streets, 10.3.2 include 1,2 &3 street access, 9.2.4.2 (B) Frontage upgrade required 10.3.9 Sidewalks/Planting  Strips.  Planning & Community Development Administrator STATE OF NORTH CAROLINA COUNTY OF IREDELL  Date  Icertify that the following person personally appeared before me this day acknowledging to me  that he/she signed thet foregoing document;  Date:  Notary:  My Commission Expires    Agenda Item No. 8.b  MOOrE (M) GOE NOrIAT  Town of Mooresville Board of Adjustment  To:  Members of the Board of Adjustment From: Planning and Community Development ubyect:V-2021-01, 552 East Iredell Type: Public Hearing Date: February 11, 2021  SUMMARY: ACTION RECOMMENDED: ATTACHMENTS: V-2021-01 BOA Packet.pdf    Town of Mooresville  (cers  Board ofAdjustment Staff Report  From: Date: Project: Request  Becca McSwain, Zoning Administrator February 11, 2021 V-2021-01, 552 East Iredell  This is a variance request for 552 East Iredell, PIN 4667-31-7929, from Adam Barton for relief from Located at 552 East Iredell, the property is zoned and is surrounded by Neighborhood Mixed Use (NMX).Asurvey and thel location, aerial, and zoning maps are attached to this report. The structure was transformed from a commercial uset to a multi-family development without permits. Thej property yis0.26 acres, which is basically halfofthe allowed lot size for multi-family developments. Ifthe variance is approved, the site will need tol bel brought up to compliance of allzoning standards (i.e. density, parking, landscaping) and building and fire codes. There has been no determination as to The Board of Adjustment shall only grant a Variance after having first held a public hearing on the matter and having made the following determinations or findings off fact: 1. Unnecessary hardship would: result from the strict application oft the ordinance, 2. Thel hardship results from conditions that are peculiar to the property, such as location, size, or 3. Thel hardship did not result from the actions taken by the applicant or the property owner, 4. The requested variance is consistent with the spirit, purpose, andi intent oft the ordinance, such  Section 5.3.1(1)(D) to allow ar multi-family use on al lot that is smaller than 0.5 acre.  Description Analysis  whether the project can meet all other requirements.  Findings of] Fact  topography,  that public safety iss secured, and substantial justice is achieved.  Board of Adjustment Options  Approve the variance: request becausei it is consistent with the Findings of Fact Deny the variance request because it is not consistent with the Findings of Fact  Attachments Location Map Aerial Map Zoning Map Application    McLelland Avel  LyTEon  a Road  2018PInBound Subject Property Streets Town Limits Lake Norman  (M) Vicinity Map February 11,2021 552 E. Iredell PIN 4667-31-7929  Miles 0.325 0.65 Datas Disclaimer sourced fromp publici informationa andmay notbea accurate. TheT Townd ofMooresville assumesnol legal foranyi Users attheirownri risk Fori use only. Mapr producedt by Planning Department.  Avenue,    TUNNEL  MAIN  CHURCH  PINE  JAKES RIDGE  ADOGWOOD  IREDELL  CARPENTER  CENTER  M)  Feet 210 420 andmayn Disclaimer Datas Thel Town assumes orany containedin Users Forinformat Mooresvile Planning only. Maps producedby  Subject Property  Aerial of Subject Property February 11, 2021 552 E. Iredell PIN 4667-31-7929  Avenue,    FUANEV  CMX  MAIN  TC  CHURCH  PINE R5  JAKES RIDGE 5  DOGWOOD  IREDELL  NMX  CARPENTER  RMX  R3  CENTER  RMXMH  Subject Property LakeNorman Conditional Zoning R2 (Single Family Residential 2) R3 (Single Family Residential 3) R5 (Single Family Residential 5) RMX Residential Mixed Use) RMXMH (Manufactured Housing) NMX (Neighborhood Mixed Use)  CMX (Corridor Mixed Use) VC (Village Center) TC (Town Center) HB( (Highway Business) HI (Hybrid Industrial) GI (General Industrial) EI (Exclusive PC (Planned Campus)  M Current Zoning February 11, 2021 552 E. Iredell Avenue, PIN 4667-31-7929  TFeet 200 400 Disclaimer Data sourced rom public and nol iona Mapp Planning producedb Department byN Mooresvile  Industrial)    BELL %  8  CPLYISS  ESILES  BOGER    OAR  GUM  TUNNEL  MAIN S  KNOPS NOB  &  00  PINE 00  JAKES RIDGE  GENTRAL  DOGWOOD  REDELL  CARPENTER  TIMGSHAT  %  GENIER  Ctoe ( GR  SHARPE CABARRUS  Bs ERCLFTS    Subject Property Greenway EasiWesiConnector Neighborhood Center Node Village Center Node  Future Character Town Residential Mill Village Neighborhood Residential Peninsula Residential Rural Residential Future/Cluster Residential Downtown Edge Downtown Center Mixed Use Destination Mixed Use Corridor Employment Center Industrial  (M Future Character and Land Use February 11, 2021 552 E. Iredell Avenue, PIN 4667-31-7929  1Feet 1,000  N  500  Town Disclaimer Data assumesn sourced nolegalre tom public responsibility* informationa fora anyi andr information may notbe containedi The this Users area advisedu useonly. thattheuseo Mapp ofany thisi byM Mooresville information Planning isatt their    TOWN OF MOORESVILLE  "FIND  CKLIST  DorG  GICNormI  APPLICATION FOR A VARIANCE  Variance request on property located at: 552 E Iredell Mooresville NC 28115  Property Zoned: NMX Property Owner AMI Investment Holdings LLC Applicant: Adam Barton Applicant Phone# 704-999-6265  PIN#: 4667-31-7929.000  Lot Size 26 Acres  Applicant Address: 2510 Shady Reach Lane Charlotte NC28214  Date existing structure was erected: 1936  TOTHE TOWN OF MOORESVILLE BOARD OF. ADJUSTMENT:  _AM Investment Holdings  hereby petition the Board of Adjustment for a Variance from the  literal provisions of the Mooresville Zoning Ordinance because, under the interpretation given to me by the Zoning Administrator, I am prohibited from using my parcel of land described above in the manner shown by the plot plan attached to this form. Irequested a variance from the following provisions of the Section 5.3.1(D) : Multi-family dwelling uses, where allowed by zoning. shall be located on lots ofat  Zoning Ordinance (cite. Sections numbered and Code requirements):  least 1/2 acre.  Describe the VARIANCE being requested on the above referenced property: been tenant occupied since time of purchase (October 2020).  Continued use as a muiti-tamily dwelling. Dwelling floorplan includes four (4) efficiency units and has  FACTORS RELEVANT TO THE ISSUANCE OF A VARIANCE:  The Board of Adjustments does not have unlimited discretion in deciding whether or not to grant a variance. Under the state enabling act, the Board is required to reach three conclusions as aj prerequisite to the issuance ofa variance: (a) that there are practical difficulties or unnecessary hardship in the way of carrying out the: strict letter of the Ordinance, (b) that the variance is in harmony with the general purpose and intent of the Ordinance and preserves its spirit, and (c) that in granting the various, the public safety and welfare have been assured and that substantial justice has been done. In the following spaces, indicate the facts and the_ argument you plan to render, in order to convince the Board, to properly determine that each of these three (3) CONCLUSIONS are applicable to the structure of the site. A through E are the Findings of Fact questions that the Board will answer following the Public Hearing.  They must answer yes to each Finding in order to grant the variance.    TOWN OF MOORESVILLE FINDINGS OF FACT" CHECKLIST  (A)THERE ARE PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIPS IN The courts have developed three (3) rules to determine whether, in a particular situation, "practical difficulties or unnecessary hardships" exist. State the facts and arguments in support of each oft the following; (1)ifl he complies with the provisions of the Ordinance, the property owner can secure no reasonable return from, or make no reasonable use of his property. (2) The hardship of which the Applicant complains results from unique circumstances related to the Applicant's land. (3)The Dwelling tenant occupied at time of purchase. Property currently on 0.25 acre lot and owner cannot practically increase acreage. Per Table 3.4.2, a max residential density of 12 (attached) is allowed. This is assumed tol be at the 1/2 acre min. The applicant property is 0.25 acre which is equivalent to aresidential density of6. The intent of the ordinance density is still met as the property has 4 efficiency units. (B). ANY PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIPS ARE NOT THE Property recently purchased (Oct 2020) and advertised as a tenant occupied multi-family dwelling.  APPLICATION OF THE ORDINANCEI REQUIREMENTS,  hardship is not a result of the Applicant's own actions (see Finding B).  RESULT OFTHEA ACTIONS OFTHE APPLICANT. Inspection prior to submitting purchase offer confirmed tenant occupied.  (C)THE REASONS SET FORTH IN THE. APPLICATION JUSTIFYTHE GRANTING OFA VARIANCE, AND THAT THE VARIANCE IS THE MINIMUM ACTION THAT WILL MAKE POSSIBLE THE REASONABLE USE OF THE LAND OR STRUCTRES. Property purchased with understanding it was a multi-family dwelling, tenant occupied. Granting  variance will prevent displacement of tenants.  (D)THE VARIANCE IS INI HARMONY WITHTHE GENERAL PURPOSE AND INTENT OF (State facts and arguments to: show that the requested variance represents thel least possible deviation from the letter of the Ordinance to allow ai reasonable use of thel land; and that the use of the property, ifthe variance is granted, will not substantially detract from the character of the neighborhood.) Ordinance spirit is met as minimum residential denisty intent is met (see answer A and Table 3.4.2). Exterior of structure willr remain as is so it will not detract from the character of the neighborhood. (E) INTHE GRANTING OF THE VARIANCE, THE PUBLIC SAFETY AND WELFARE! HAVE BEEN ASSURED AND SUBSTANTIALJISTICE HAS BEEN DONE. Yes, the tenants will not be forced to be displaced and AM Investments will follow the requirements. and spirit, of the ordinance such that as safe living environment is provided to the tenants.  THIS ORDINANCE AND PRESERVES IT'S SPIRIT.    "FINDINGS OF FACT" CHECKLIST  Ic certify that all of the information resented by me is accurate to the best of my knowledge,  information, and belief. Signature * Avan Bacton Namco ofA Applicant as10_shudy Rehch Complete Address Chulle Ac 18214 City,State,Zip Adam, Barlbn  1-13-21 Date  personally appeared before me this day and  acknowledged the due execution of the foregoing instrument.  Witness by my hand and official seal this B4h day of Jaty 2021  My Commission piDI/10ZAVE  DANIELT PIURKOWSKY Notary Public Cobarus County, North Carolina My Commisslion Exp. Jan 10, 2024  Parbe-e  Public Favi Notàry  IFT THE APPLICANT IS NOT THE OWNER OF THE PROPERTY, indicate the owner's name and address, along with a notarized lettersignifying approval TO REQUEST A VARIANCE on his/her  property. Property Owner Address Ciry, State, Zip Phone" ande email address    TOWN OF MOORESVILLE FINDINGS OF FACT" CHECKLIST  Please list all abutting property owners below.  Name  Address  Pin# 4667316936.000 4667326049.000  1Nhiep Amanda, Lu Ronald 2. Bobby and Phyllis Bracken  548 EI Iredell Avenue, Mooresville, NC 28115 255ES Statesville Avenue, Mooresville, NC: 28115  3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35.  This information can be obtained through the Iredell County Web Page at www.oiredel.nc.us then click onGIS. If you need assistance call the Iredell County Mapping Department at 704-878-3137 or the  Mooresville Planning and Community Development Department at 704-662-7040.    TOWN OF MOORESVILLE "FINDINGS OF FACT" CHECKLIST Variance Request  Application Number: Applicant's Name: Property Location: Proposed Variance:  Date of Application: Existing Zoning: Tax Map No:  FINDINGS OF FACT  FOR EACH OF THE FOLLOWING ITEMS PLEASE STATE THE FACTS THAT SUPPORT YOUR VOTE.  Unnecessary hardship would result from strict application of the ordinance. (It shall not be necessary to demonstrate that, in the absence ofthe variance, no reasonable use  can be made oft the property)  DYES ONO Explain:  The hardship results from conditions that are particular to the property such as location, (Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a  size, or topography. Explain:  DYES ONO variance)  The hardship did not result from the actions taken by the applicant or the property owner. (The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship)  DYES ONO Explain:  The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.  DYES ONO Explain:_  After having a public hearing on.  20_ - and in light of the findings of fact listed herein,  the following action was taken by the Mooresville Board of Adjustment:  Ina approving said Variance, the following conditions were imposed by the Mooresville Board of  Adjustment:  Board of Adjustment Vice Chairman  Date    THIS IS TO CERTFY THAT ON THE 4TH DAY OF DECEMBER, 2020 AN ACTUAL SURVEY WAS SUPERVISION OF THE PROPERTY SHOWN ON THIS PLAT, AND THAT THE BOUNDARY LINES AND MADE THE IMPROVEMENTS,  UNDER MY  IF ANY, ARE AS SHOWN HEREON. NOTES: 1.PARCEL ID#: 4667317929.000 2.DEED RECORDED AT DB:2417 PG:1236 3.AREA COMPUTED BY COORDINATE METHOD.  wA-k JUSfN MCKEOWN, PLS L-4739  4.THIS PROPERTY MAY BE SUBJECT TO ADDITIONAL REÇORDED OR UNRECORDED EASEMENTS, RIGHTS-OF-WAY, OR RESTRICTVE COVENANTS, OTHER THAN SHOWN. 5. THE SUBJECT PROPERTY IS NOT LOCATED IN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON MAPS PREPARED BY THE F.E.M.A. AND FEDERAL INSURANCE ADMINISTRATION. 6. SETBACKS SHOWN ARE PER CURRENT ZONING NMX (MOORESVILLE).  PID:4667326049.000 BOBBY C+ PHYLLIS H BRACKEN DB1042 PG806 OVER PROPERTY LINE  S85"0000'E 65.00 25_REARYARP ASPHALT PARKING 11,408 Sq Ft 0.26 Ac.  PROPERTY OVER  SSMH G  PID#4667316936.000 AMANDA+RDNALD LUNHIEP DB1951 PG1059  EXISTING STORY DOD FRAME HOUSE OVERED PORCH CONCRETE,A N86:38'00W   CTIE LINE> N86-20'55'V 90.52  - : CH=26.52 R=20.00 L=28.99  CURB  EI IREDELL AVENUE (40' PUBLIC R/W)  LEGEND: EP ER  EXISTNG IRON IRON REBAR PIPE RIGHT OF WAY B.E DEED BOOK MAP BOOK G PAGE IP- TELECOMMUANCATONS SEWER MANHOLE PEDESTAL WM WATER METER UP- UnUTY POLE OHE- ELECTRIC ONI POINTS SURVEYING, PLLC ZIOSTATONEDAD MASIVIIENCEO  SCALE 1"=30' MVICINITY NOT TO SCALE MAP MARNIST OARO SL sT E IREDEL AM  APHYSICALS SURVEY #552 EI IREDELL! AVENUB TOWNO OFI MOORESVILE, MEPELLCOUNTY,NC  a