STANLYDCOUNTY NORTH CARDLINA Waten Ain Lard, Saccesr. BOARD OF ADJUSTMENT MINUTES Regular Meeting Commons Meeting Room March 19, 2019 Call to Order Clerk Bob Remsburg called the meeting to order at 7:301 PM and invited Brenda Farmer to the Following her swearing in, Ms. Farmer took her place on the board as a regular member. front to be sworn in as the newest Board of Adjustment member. The Clerk called the roll. Roll Call Board. Members Presiding Michael Efird Jennifer Lisk David Dulin Brenda Farmer Billy Franklin Lee Cindy Fish (arrived late) Staff Attending Bob Remsburg, Planner, I Absent Houston B. Clark, II Jim Starnes Devron Furr The first order ofb business was the election of officers for the new board. Motion: Michael Efird made a motion to elect Cindy Fish as chair. Action: The Board voted unanimously to elect Cindy Fish as chair. Motion: Michael Efird made a motion to elect David Dulin as vice-chair. Action: The Board voted unanimously to elect David Dulin as vice-chair. Cindy Fish arrived at the meeting and was handed the gavel to serve as chair. Chair Fish appointed Bob Remsburg to serve as Clerk for the Board of Adjustment. Chair Fish called on the Board to review the minutes oft the last meeting, September - 11, 2018. Motion: David Dulin made a Motion to approve the minutes of September 11, 2018 as written. Action: The Board voted unanimously to approve the minutes of September 11, 2018 as written. Chair Fish explained that the purpose oft the meeting was to consider the Case #SUP 19-01,a request by Terry and Sharon Fraley to allow the placement ofa double-wide manufactured home on their lot which is zoned, R-20 Residential and to consider amending the Board's Rules of Second: David Dulin Second: Jennifer Lisk Second: Jim Starnes seconded the motion. Procedure. The Chair explained that this is a quasi-judicial hearing and will be conducted in Chair Fish outlined the statutory requirements that restrict the board to base its decisions only on testimony given under oath. Any person who swears falsely is guilty ofa Class 1 misdemeanor. Chair Fish asked those testifying to come forward to be sworn in. Sharon Fraley and Bob Chair Fish asked if any board member had any possible conflicts and needed to withdraw from the case. Each indicated that they believed they could rule fairly based upon the facts tol be Chair Fish opened the hearing and indicated that the order of business would be that first, we will hear from the Planning Department staff, then we will hear from the Applicant and their accordance with special due process safeguards. Remsburg were sworn in by the Chair. presented in the case. witnesses, and lastly we will hear from opponents to the request. Chair Fish asked the Clerk to present the case, SUP 19-01. Bob Remsburg, Clerk, shared the following: Terry and Sharon Fraley request a Special Use Permit to allow the placement ofa Class A- double-wide manufactured home on a lot they own on Palmerville Road, New London, Tax Record #15709. The property is zoned R-20 which requires a Special Use Permit to allowa Class A manufactured home. No other type ofmanufactured home is allowed in the R-20 District. A Class Al home must have masonry or k-rock style underpinning, a deck of at least 24 square feet at one entrance and 9 square feet at the other entrance. Class A manufactured homes must also have siding that is similar to standard home siding (usually vinyl) and a rooft that is similar to a standard site-built home (either asphalt shingle or standing seam metal). Property to the north along Palmerville Road isi in the Palmerville Beach community which is zoned R-20. Property to the south and west is zoned RA -1 Residential Agricultural. In the RA District, manufactured homes (Class A - double-wide and Class B - single-wide) are allowed. Additional conditions could bej placed on this request if desired by the board. Possible conditions could include requiring only masonry skirting, requiring buffers of trees or shrubs to adjoining properties, requiring a paved driveway, etc. The owners would need to agree to any additional requirements prior to approving the Special Use Permit. The four standards that must be met for approval are: Standard #1 - That the project will not materially endanger public health or safety; ifl located where Standard #2 -That the project will not substantially injure the value ofa adjoining property. Standard #3 -That the project will bei in harmony with or compatible with its neighbors and is generally proposed, and if developed and operated according to the plan submitted; consistent with the latest Stanly County Land-Use Plan. 2 Standard #4 - That the project meets all other required conditions and specifications for the construction or placement ofa Class A double-wide manufactured home in the R-20 Zoning District. Chair Fish asked ift there were any questions for Mr. Remsburg. There were none. Chair Fish called on the applicant to come forward and present her case to the Board. Ms. Sharon Fraley came forward and explained that they were acquiring a 1,900 square foot 4 bedroom home from Clayton Homes. They were planning a 12x20 porch and deck on the front oft the home. The sewer perk test was pending. She presented a photo ofthel home and indicated that they were planning al brick underpinning. They had owned the property for 10 years. The Chair Fish asked if there were others to speak in favor oft the variance. There were: none. Chair Fish asked if there were any to speak in opposition to the variance. There were none. woods would remain and they would landscape the yard. Chair Fish closed the hearing. Chair Fish asked the Board to review the Findings of Fact. Finding 1- That the project will not materially endanger public health or safety. Motion: David Dulin made the motion to accept finding 1 as true. Second: Jennifer Lisk This finding was approved 6-0. Finding 2- That the project will not substantially injure the value ofadjoining property. Motion: Mike Efird made the motion to accept finding 2 as true. Second: David Dulin This finding was approved 6-0. Finding 3 - That the project will be in harmony with or compatible with its neighbors and is generally consistent with the. Stanly County Land-Use Plan. Motion: Jennifer Lisk made the motion to accept finding 3 as true. Second: Billy Franklin Lee This finding was approved 6-0 Finding 4- That the project meets all other required conditions and specificationforthe construction ofplacement ofthe structure. Second: Brenda Farmer This finding was approved 6-0 Motion: Billy Franklin Lee made the motion to accept finding 4 as true. Motion: Mike Efird made a Motion to approve the request for special use permit to allow the placement ofa double-wide manufactured home on this lot. Second: Jennifer Lisk seconded the motion. 3 Action: The Board voted unanimously to approve the motion. The chair informed those present that anyone affected by this decision has thirty (30) days to Chair Fish introduced the second item on the agenda, an update to the Rules of Procedure for the Board of Adjustment. The Chair asked Mr. Remsburg to present information regarding this Mr. Remsburg spoke about the inflexibility oft the current Board Rules of Procedure and the need to bring these up-to-date. He reviewed the various components that were problematic. This update would allow the Board to set meeting dates as needed and make the language more inclusive. Mr. Remsburg shared that the Board would be able to vote to amend the Rules of The Board reviewed the information and discuss preferred meeting times. All present agreed that an earlier meeting time would bej preferable. The Board will consider adoption oft the With all business completed, the chair asked for a motion to adjourn the meeting. appeal this to the Stanly County Superior Court. update. Procedure at their nexti meeting. recommended changes at their next meeting. Motion: Mike Efird made the motion to adjourn Action: The meeting was adjourned at 8:30PM. Gpipaa Second: David Dulin Fish, Chair Cindy Robert Remsburg, BLL 4