STANLY COUNTY Waten Ain Land, Scoasr.  Stanly County Board of Adjustment October 24, 2022-M Meeting Minutes  Chair Fish announced that there will be an installation ofar new: member, Judy Nelms. Judy was appointed by the Board of County Commissioners earlier in the summer and this is the first meeting sincel her  appointment. She will serve as an alternate member.  Bob Remsburg conducted the swearing in ceremony for Mrs. Nelms  Mrs. Nelms was officially sworn in and will now serve as an alternate member for the Stanly County Call to Order Chair Cindy Fish called the meeting to order on October 24, 2022 at 6:30 p.m. int the Gene McIntyre Meeting Room at 10001 N. First Street, Albemarle, North Carolina. Bob Remsburg served as  Board of Adjustment.  Clerk oft the meeting.  Stanly County Board of Adjustment Members attending  Richard Cosgrove, Michael Fleming, Cindy Fish, Rick. Johnson, Devron Furr and Billy Franklin Lee and  Judy Nelms  Absent: Brenda Farmer and Michael Efird  Stanly County Planning Staff Attending Bob Remsburg, Planning Director & Bailey Emrich, Planner 2 Others Present: refer to sign in sheet - (Board of Adjustment meeting minutes binder) Chair Fish asked for a motion to adopt the agenda ifi no changes needed to be made.  Motion: Devron Furr Second: Richard Cosgrove Passed: 7-0  Chair Fish asked for ai motion to adopt the minutes from July 13, 2022.  Motion: Richard Cosgrove Second: Michael Fleming Passed: 7-0  Chair Fish announced there would only be one case.  Chair Fish introduced the case ZV 22-03 aj request by Robert Brannan tol have ai reduced setback of20 feet from Paradise Lane and 0 feet from the rear property line forai new single family home.    Those who signed in on the sign up sheet to speak came forward to recite the swearing in ceremony. Chair Fish "The Stanly County Board of Adjustment is a quasi-judicial board. Therefore, the North Carolina State Statute, 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 to be sworn, your statement will not not be treated as evidence on which Chair Fish "Before opening the evidentiary hearing, Iwould like to give Board: members a chance to reveal any possible conflicts that you may have and withdraw from these proceedings ifnecessary".  tol base a decision but merely as arguments".  No Board members had a conflict.  Chair Fish "Any Board members who have any information or special knowledge about the case that may come out at the hearing tonight, please describe that information for the record sO that interested  persons willl know and can respond". Chair Fish explained the proceedings.  Chair Fish "Parties may cross examine each witness after the witness testifies when questions are called for. Ifyou want thel Board to see written evidence such as reports and maps or exhibits, the witness who is familiar with the evidence should ask that it bei introduced during or at the end ofh his /hert 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, please  clearly identify yourself for the record."  Chair Fish asked. Planning Staff to. share the details ofZZV22-03. Bob Remsburg, Planning Director shared the following:  Robert Branna has requested a variance to allow for the construction ofar new single family home to be within 20 feet from the front property line and 0 feet from the rear property line. This would reduce the required 30 foot setback from the front property line which is road side and the required 101 foot setback from the rear property line which is lakeside. The property is located at 47333 C Paradise LAne, Norwood. Iti is zoned R,20 residential. You have a map that was provided which should help you see exactly what hei is dealing with. Thej property is sort of an L-Shaped piece bending around the cove oft the lake. He does own thej property that is labeled as number one to the south but thej property to the north is the one in question and they are actually two separate lots in the subdivision when it was created. Due to the shape of the lot, location oft the septic system and the structure that they are planning toj put there it really does not fit too well. This has passed its environmental health and it is not in the flood zone.  Mr. Remsburg displayed the proposed structure.  Chair Fish asked ifthere were any questions from the parties present.    There were none.  Chair Fish invited the applicants and parties of this request. Shei invited attorneys to go first, if  present.  Representing Mr. Brannan, Michael Sandy presented the following:  Mr. Brannan does reside part time on Lake Tillery. Id did some research on this project and there was already a 201 foot variance on lot 12 which he currently already owns. These lots were created in the early 60s and they went by the subdivision and: zoning regulations at that time. So, when hej purchased these lots they were pre-existing. He is planning to build al home and the home will not take away from the value of the area, it is probably going to be a 450. - 600,000 dollar taxable home. The hardships were created on this lot from the original plat. Thel lots were not very deep on thel lake side. The rules and regulations were al lot different at the time and these homes were built during the sixties and seventies and they were smaller fishing cabins and block homes. Iti is not something hel bought knowing those conditions were in place with that lot. The applicant wants to get thej proper approvals. Septic approval on lot 141 has been approved by environmental health. Being that lot 12 already has a 20 foot road side setback and 0 on the lake, it is consistent with the spirit and intent oft the ordinance. None oft the neighbors  are here and nonel have called planning staff and they have all been notified. Mr. Sandy showed the proposed septic area and site plan. Mr. Sandy asked ift there were any questions.  Richard Cosgrove "What would happen to the house on lot 12?" Mr. Sandy "It will remain, nothing will change oni it."  Rick. Johnson "So, the house on lot 12 appears to be almost on thej property line?" Mr. Sandy "On the survey it appears to be 10-12 feet off oft the property line. It receiveda7kf foot  variance."  Michael Fleming "Will this be a one or two story home?"  Mr. Brannan 4 Two stories and] I would like toj point out that the gravel drive you see that really isa private drive and iti is 10 feet. There are only two other homes on that drive that serve that drive."  Michael Fleming "Will thej porch have a roofover it?"  Mr. Branna "Yes"  Michael Fleming "Have you decided on the material for the porch?" Mr. Brannan "No, we have not decided on that at this point."  Michael Fleming 'The reason Ia am concerned about the back lot line is because I would like to know if duke energy is okay with this. They govern a lot of what happens when you get to that rear lot line." Michael Sandy "Duke energy only deals with what is on their side of the line. Unless you are infringing  on them they don't care about materials, they only look at thes structure."    Bob Remsburg "In general in zoning we cannot look at materials. State statute is pretty clear on that unless we do a developer's agreement or conditional zoning which this board does not get involved with,  we cannot regulate that."  Chair Fish "What is the traffic level on this road? road probably has only 20 cars a day."  Michael Sandy "This is a dead end road. OParadise Lane probably sees 200 cars per day but this side Michael Fleming "Have you looked at alternate ways to face the home? Ify you rotate the bottom half of Michael Sandy Yes you are correct but as of now the view to the lake is whati is being inhibited on lot 12. So for them to be able to enjoy the lake view, this would be their only option. The topography also is another issue. It becomes steep and would not be conducive. There is a drainage culvert that comes from Paradise Lane sO it carries water from the upper road down. So, it is hard to get too much movement of  thel home towards the West It think it would free up alot oft that rear lot line."  the home."  Chair Fish invited any opposing the request to speak.  There were. none.  Chair Fish shared that after the evidentiary hearing is declared closed no further evidence can be  brought forth.  Chair Fish closed the hearing.  Chair Fish "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; DoI I have a motion to find this standard true based on the evidence submitted? Make a ruling on Finding #1 -The Board finds this standard' TRUE Motion: Richard Cosgrove Second: Devron Furr  Vote: 7-0 property.  Standard #2 - The unnecessary hardship results from conditions that are peculiar to the applicant's DoIhave a motion to find this standard true based on the evidence presented? Make a ruling on Finding #2 - The Board finds this fact' TRUE Motion:Richard Cosgrove Second:Billy Franklin Lee  Vote: 7-0  Standard #3 - The unnecessary hardship 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    Motion:Rick Johnson Second:Devron Furr  Vote:6-1  Standard #4 - The requested variance is consistent with the spirit, purpose. andi intent oft the ordinance  such that public safety is secured and substantial justice is achieved. Dol I have a motion to find this standard true based on the evidence presented? Make ai ruling on. Finding #4 - The Board finds this standard TRUE Motion:Devron Furr Second:Billy Franklin Lee  Vote:7-0  DoIhave aj motion to approve the Zoning Variance? Second? Motion: Rick Johnson Second:Devron Furr  Vote:7-0  The motion to approve has been approved.  Chair Fish "Those with standing in the matter have thirty days to appeal this to the Stanly Chair Fish * Iftl there is no further business for the Board, I will entertain a motion to adjourn this  County Superior Court."  meeting." Vote:7-0  Motion by:Rick Johnson Second by:Devron Furr  Time Adjourned :6:59) P.M.  Baapt  BLR Chair, Bob  R5