STANLY COUNTY Water. Ain Land. Sccess,  Stanly County Board of Adjustment May 10, 2022-N Meeting Minutes  Call to Order Chair Cindy Fish called the meeting to order on May 10, 2022 at 6:30 p.m. in the Gene McIntyre meeting room at 1000 N. First Street, Albemarle, North Carolina. Bob Remsburg served as  Clerk of the meeting.  Stanly County Board of Adjustment Members attending Brenda Farmer,  Billy Franklin Lee, Richard Cosgrove, Michael Fleming, Cindy Fish, Rick Johnson, Devron Furrr  Absent: Michael Efird  Stanly County Planning Staff Attending Bob Remsburg, Planning Director; Bailey Emrich, Planner 2  Others Present: Lester Starnes & June Starnes  Chair Cindy Fish asked for aj motion to adopt the agenda if no changes needed to be made.  Motion: Richard Cosgrove Second: Michael Fleming Approved: 7-0  Chair Fish asked for a motion to adopt the minutes from the March 15, 2022 meeting.  Motion: Rick. Johnson Second: Billy Franklin Lee Approved: 7-0 2022.  Chair Fish asked for a motion to approve the Housing Appeals Board meeting minutes from March 15,  Motion: Richard Cosgrove Second: Devron Furr Approved: 7-0  Chair Fish shared the following:  Tonight's case is Item ZV: 22-01 ai request by Lester Starnes to allow for the side setback of] his carport to All persons who wish to testify in this case should have signed up on the Attendee Sign-In Sheet for this hearing. Ifyoul have not signed and wish to speak please sign now. All those audience members and staff wishing to testify please proceed to the front oft the room to be sworn in. The Stanly County Board of Adjustment is a quasi-judicial board. Therefore, thel North Carolina State Statutes, requires that the board base its decisions only on testimony given under oath. Any person who, while under oath during this proceeding, willfully swears falsely, is guilty ofa Class 1 misdemeanor. Ifanyone refuses tol bes sworn,  have a 15 foot variance. This will allow fort the carport to be on the property line.    STANLY COUNTY Waten Ain Lard. Saccesr.  your statements will not be treated as evidence on which to base a decision but merely as arguments.!'m going to ask you to repeat each phrase after me. Ifyou are able, please raise your right hand.  Bob Remsburg, June Starnes & Lester Starnes were all sworn in.  Chair Fish stated:  Before opening the evidentiary hearing, I'd like to give Board members a chance to reveal any possible  conflicts that you may have and withdraw from these proceedings ifnecessary.  There were none  Any Board members who have any information or special knowledge about the case that may not come out att the hearing tonight, please describe that information for the record so that interested persons will  know and can respond. There were none  First we will hear from the Planning Staff, then we willl hear from the Applicant and their Witnesses and Parties may cross-examine witnesses after the witness testifies when questions are called for. Ifyou want the Board to see written evidence such as reports and maps or exhibits, the witness who is familiar with the evidence should ask that it be introduced during or at the end ofl his/her testimony. The Board cannot accept reports from persons who are not] here to testify. Attorneys who speak should not give factual testimony but may summarize their client's case. Before you begin your testimony,  then we will hear from the Opponents to the request  please clearly identify yourself for the record.  Inow open the evidentiary hearing on Item #ZV 22-01 and ask for testimony from the County Staff.  Bob Remsburg shared the following:  Lester Starnes requests a variance for the carport ofhis home located at 20508 Running Creek Church Road, Locust (Tax Record #140357) to be on the south side property line. Per North Carolina State Building Code the carport is considered attached therefore the required setback would be 15 feet from the side property line. This would allow for a 15 foot variance on the south side oft the property in order to accommodate the carport. Thej property is zoned R-A - Residential Agricultural. The septic system is The carport was placed on the property without proper permits. Once Mr. Starnes became aware oft this issue and attempted to pull permits; it was realized the carport was sitting 1.3 feet across thej property line of20510 Running Creek Church Road.The carport is 24: feeti in width and 20 feet in length. Mr. and] Mrs. Starnes acquired 20 square feet from Mr. and] Mrs. Martinez in order for the carport to be entirely on their property. They did not acquire additional property to accommodate the 15' setback requirement. Mr. and Mrs. Starnes did get an up-to-date survey completed after this transaction. There are four standards to be  located in the front yard.  met and wej place a sheet that went into al little more depth about this at your spots. Bob explained the four standards and how they related to the property in question.    STANLY COUNTY Water Ain Lard, Saccess.  Bob went through the slideshow to show the survey, aerial view oft thej property, and the garage structure The staff cannot decide whether this is acceptable or not. You really need to prove that all oft these are true as far as the standards. In this case It think that is a difficult task to do for all four. Generally it is the rule for all four to be found true but it is not unheard of for that to not happen and something to still pass. Richard Cosgrove asked * Is the garage at the front or back the part that is on the other person's Mr. Remsburg stated "Iti is more the back. Ifyou look you can see that the lot is getting squeezed the Billy Franklin asked "The line of trees that you see, are those the adjoining property owners? Is therea Bob: stated "Yes the trees are the neighbors and there: is al home on the adjoining property but there isa substantial distance. Iti is not very close to the line. In a normal situation we do like for homes tol have at least 30: feet ofs separation. In an instance where we allow two homes on the same lot they have to have at Billy Franklin asked "In discovering that the carport was built without permits, was he penalized for Bob stated "He will be. They are waiting for the end result of the hearing. Ifyou do not grant the variance he will be required to move or tear down the carport in order to meet the required setback. Anytime Cyndi Fish asked "When he found out that the carport was on the neighbors property, he bought just 20  itself.  property?"  further you go back on thej property." home on the adjoining property?"  least 01 feet ofs separation on the same lot."  that?"  someone has built something without permits they are double fee'd."  feet?"  Bob stated "Iti is 20 square feet not just 20 feet ofv width." Brenda Farmer asked "What is the red building?" not get permits for these but they are required."  Bob stated' "I believe that is the neighbors and it may be across the property line. A Lot of times people do  Chair Fish asked if any other parties present had questions for Bob. Chair Fish invited the Starnes to come and share their testimony.  None did  Lester and June shared the following:  We are asking for a variance. Afer building the open car shed we ahd an inspector come out and look at the building and wei found out we were one: foot over the proeprty line and di not have aj permit. Wel had the land surveyed and got ai new deed. We bought enough land for 2,000 dollars from the neighbors fori it to be on our property. Unfortunately wemade an honest mistake and are trying to correct it.    STANLY) COUNTY Water Ain Lard, Saccesr,  Michael Fleming asked "Wel have seen the inside. What is the outside material?"  Lester stated "Vinyl siding."  Rick. Johnson asked' "What did you pay the 2,000 for?"  Lester stated "It was for 20 square feet. Wej just wanted to geti it off oft their property. We made ai mistake and we. just moved here and Id did: not know the rules in Stanly County or even Cabarrus county. We never Michael Fleming stated "IOs the overhang the measured distance? How bigi is the overhang on the side  built anything." that faces the neighbor?" Lester stated * 6or8 8 inches."  Michae Fleming stated "Is there a gutter on that? How do you) plan to maintain that?"  Lester stated "II have aj pipe that runs down." Chair Fish asked if staff had any further comments. Chair Fish closed the hearing. No other testimony is allowed.  Bob: reminded the board oft the four findings of fact and ifiti is appropriate to approve them or not.  Chair Fish stated "The Board will now: review the four standards required for approving this  Zoning variance."  Standard #1 - The unnecessary hardship results from the strict application oft the ordinance: DoIhave a motion to find this standard true based on the evidence submitted? Make aj ruling on Finding #1 - The Board finds this standard (True/False)  Motion: Richard Cosgrove  Second: Devron Furr  True: 7-0  Standard #2 - The unnecessary) hardship results from conditions that are peculiar to the Do) I1 have a motion to find this standard true based on the evidence presented? (Take the vote) Those in favor say "aye". those against say "nay". (Take a hand vote ifa Make a ruling on Finding #2 - The Board finds this fact (True/False)  applicant's property.  split vote sO vote can be recorded.) Motion: Billy FranklinI Lee  Second:  Richard Cosgrove  True: 7-0    STANLY COUNTY Water Ain Lard, Saccess.  Standard #3 - The unnecessary hardshipi is not a self-created hardship:.  DoIhave a motion to find this standard true based on the evidence presented? Make aj ruling on Finding #3 - The Board finds this standard (True/False)  Motion: Richard Cosgrove False:5-2  Second:  Brenda Farmer  Standard #4 - The requested variance is consistent with the spirit. purpose, and intent oft the ordinance such that public safety is secured and substantial justice is achieved. DoIhave aj motion to find this standard true based on the evidence presented? Make aruling on Finding #4 - The Board finds this standard (True/False)  Motion: Devron Furr True: 6-1  Second:  Richard Cosgrove  (After the review ofthe Standards. Chair asks for a motion.) DoI Ihave a motion to  approve the Zoning Variance? Second? Motion: Billy Franklin Lee  Second:  Brenda Farmer  Approved: 7-0 Chair Fish stated:  The motion to approve has been approved. Those with standing in the matter have thirty days to Ift there is no further business for the Board, I will entertain a motion to adjourn this meeting.  appeal this to the Stanly County Superior Court.  Motion: Rick. Johnson Second: Richard Cosgrove Approved: 7-0 Time. Adjourned: 7:10 PM  Chair, findy Fish  Ghu 4Bfe  Clerk,  RLa