Johnston County PLANNING AND ZONING DEPARTMENT "Here to Serve..." Board of Adjustment Agenda Wednesday, 25 October 2023 @ 3:00 p.m. County Commissioners Meeting Room, Johnston County Courthouse 207 East Market Street, Smithfield, North Carolina 27577  1. Open Meeting  2. Approval of 27 September 2023 Minutes 3. Swearing in of Speakers 4. Public Hearings A. BOA Case 23-07 Parcel ID: 06E02003L Property Owner: Tarrymore, LLC signs from the NCDOT right-of-way. B. BOA Case 23-08 Parcel ID: 10P07024A Petitioner: Larry Creech  Address: 12490 Cleveland Road, Garner, North Carolina 27529 Petitioner: Parker, Poe, Adams and Berstein LLP (Laura Goode)  Petition Request: Variance of 10.8 feet from the required setback of 201 feet for freestanding  Address: 6273 Hinnant-Edgerton Road, Selma, North Carolina 27576 Property Owner: Larry Creech and Melinda Creech established for single-wide mobile homes.  Petition Request: Variance of .38 acres from the required minimum lot size of one acre,  BOA Case 23-09 Parcel ID: 14M10025A Petitioner: Paul H. Howard  Address: 1661 Highway 96 North, Selma, North Carolina 27576 Property Owner: Paul H. Howard and' Wilma P. Howard Petition Request: Appeal of Animal Control Citations #6135 and #6136.  5. Close Meeting  309 E. Market Street, Smithfield, NC 27577 Telephone (919)989-5150 * Fax (919)989-5426 www.johnstonnc.com/planning    Notice of Public Hearing  The. Johnston County Board of Adjustment will meet on Wednesday, 25 October 2023 @ 3:00 p.m. The meeting will be held in the County Commissioners Meeting Room, Johnston County  Courthouse, 207 East Market Street, Smithfield, North Carolina.  BOA Case 23-07 Parcel ID: 06E02003L Property Owner: Tarrymore, LLC signs from the NCDOT right-of-way.  Address: 12490 Cleveland Road, Garner, North Carolina 27529 Petitioner: Parker, Poe, Adams and Berstein LLP (Laura Goode)  Petition Request: Variance of 10.8 feet from the required setback of 20 feet for freestanding  BOA Case 23-08 Parcel ID: 10P07024A Petitioner: Larry Creech  Address: 6273 Hinnant-Edgerton Road, Selma, North Carolina 27576 Property Owner: Larry Creech and Melinda Creech established for single-wide mobile homes.  Petition Request: Variance of. .38 acres from the required minimum lot size of one acre,  BOA Case 23-09 Parcel ID: 14M10025A Petitioner: Paul H. Howard  Address: 1661 Highway 96 North, Selma, North Carolina 27576 Property Owner: Paul H. Howard and Wilma P. Howard  Petition Request: Appeal of Animal Control Citations #6135 and #6136.  The public may obtain additional information on the above Board of Adjustment cases through the. Johnston County Planning and Zoning Department at 919-989-5150, Monday through Friday  8am-5pm.    STAFF REPORT BOA CASE 23-07  Petition for Variance: Request for variance of 10.8 feet from the required setback of 20 feet for freestanding signs from the NCDOT right-of-way. This would reduce the distance from the right-of-way  to the freestanding sign to 9.2 feet. Tax ID: 06E02003L Owner: Tarrymore, LLC Property Size: 0.95 acres  Property Address: 12490 Cleveland Road, Garner, North Carolina 27529 Applicant: Parker, Poe, Adams and Bernstein, LLP (Laura Goode) Zoning District: Interstate Highway Interchange (IHI) Existing and Surrounding Land Uses/Zoning:  Existing Land Use: Zoned Agricultural Residential (AR), Overlay Zoning Interstate Highway Surrounding Land Uses: Zoned Agricultural Residential (AR), Overlay Zoning Interstate Highway  Interchange (IHI) and used for commercial and service centers. Interchange (IHI) and used for commercial and service centers.  Additional Information: to9.2 feet. Number ofr notices sent: 8 Relevant Ordinance Reference:  Request for variance of 10.8 feet from the required setback of20 feet for freestanding signs from the NCDOT right-of-way. This would reduce the distance from the right-of-way to the freestanding sign  Sec. 14-509. - Signs in OI, GB, CB, I-1, I-2 and IHI districts and shopping centers (2) Freestanding signs. Pole, monument, and ground signs are permitted as set forth in this section. Setback. No portion of any freestanding sign may extend over any property line or into any public right-of-way, or be located within 15 feet of any interior side lot line. Further, no sign may be constructed  within 201 feet ofa right-of-way ofas street.    STAFF REPORT BOA CASE 23-08  Petition for Variance: Request for variance of. .38 acres from the required minimum lot size of one acre,  established for single-wide mobile homes. The current lot sizei is. .62 acres. Property Address: 6273 Hinnant-Edgerton Road, Selma, North Carolina 27576  Tax ID: 10P07024A Owner: Larry Creech and Melinda Creech Applicant: Larry Creech Zoning District: Agricultural Residential (AR) Property Size: 0.62 acres  Existing and Surrounding Land Uses/Zoning:  Existing Land Use: Zoned Agricultural Residential (AR) and used for residential purposes. Surrounding Land Uses: Zoned Agricultural Residential (AR), and used for agricultural and  residential purposes. Additional Information: Number ofr notices sent: 5 Relevant Ordinance Reference:  Request for variance of .38 acres from the required minimum lot size of one acre, established for  single-wide mobile homes. The current lot size is. .62 acres.  Sec. 14-75.-A Agriceultural-residental district (AR).  (b) Permitted uses. The following uses are permitted as a principal use:  (2) Individual moble/manufactured homes shall be based on the density established in subsection (b)(1) d. All single-wide mobile homes and single-wide manufactured homes, regardless ofa availability of public  and meet; the following conditions:  utilities, shall have ai minimum lot size of one acre.    STAFF REPORT BOA CASE2 23-09  Petition to Appeal Citation: Request an appeal oft two (2) animal control citations issued on July 7,2023, for violating Johnston County Animal Control Ordinance 4-14, entitled "Cruel  Treatment." Tax ID: 14M10025A  Property Address: 1661 NCI HWY 96, Selma, North Carolina 27576  Owner: Paul H. Howard and Wilma P. Howard Petitioner: Paul "Sonny" Howard  Violations: underweight. walking.  Citation #6135: Cruel treatment violation ini reference to 151 to 20 cowS that appeared Citation #6136: Cruel treatment violation ini reference to the condition of approximately 5 donkeys, 1 which was observed tol have overgrown hooves, and as a result, had difficulty  Relevant Ordinance Reference: Sec. 4-14.- - Cruel Treatment  (a) Its shall be unlawful for any person toi treat any animal cruelly which shall include, but not be limited to: fail to provide adequate shelter, adequate shade, or adequate food, water, air, space, or necessary veterinary care for an animal he or she owns; abandon any animal; subject any animal to conditions detrimental to the health or general welfare ofany animal; or to cause or procure such act or omission. Nothing in this section shall be construed to prohibit otherwise lawful shooting, hunting, or trapping ofbirds or animals nor to prohibit the. Animal Services Department or veterinarians from trapping by cage traps, chemical immobilization or other acceptable means, or destroying animals in a humane manner in accordance with this chapter or  state law.