City of Henderson Development Services Department  Post Officel Box 1434/134. Rose Avenue/Henderson, NC27536-1434Phone: 252)430-5722/FAX (252)492-7935  henderson.nc.goy  HENDERSON ZONING BOARD OF ADJUSTMENT AGENDA  Tuesday, April 2, 2024-3:30P.M. Council Chambers  (1) CALLTOORDER  (2) CONFLICT OF INTEREST Rh Edwonds  No member shall participate or vote regarding any zoning or quasi-judicial matter that would violate any affected person's constitutional rights to an impartial decision maker. Impermissible conflicts include, but are not limited to, a member having ai fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person or a financial interest int the outcome oft the matter. Ifany member of this body knows of any suchi impermissible conflict, they should declare the same before discussions proceed on the respective matter. Moreover, any ex parte communications occurring outside of the public hearing herein conducted by any  member should be disclosed at this time. MR. Bulbtt asked Qve Vpeve  conflicts; Wheve wele none  He aslled ma-wrily Aay 4o Call Oh old businers.  (3) OLD BUSINESS:  Evidentiary Hearing: (Case: 2403-02Z Request for Special Use Permit to expand a storage facility 15'x30', located at 263 Southside Estates Ct, PIN# #022203020A, R15M (Moderate to Low Density Residential HUD Code Home). -Mis itew us continwe fvom (at  AAS  mee-rs (4) NEW BUSINESS:  Evidentiary Hearing: (Case: 2404-01Z) Request for a Special Use Permit and Variance for an Banquet/E Event Center to be located at 603 E. Andrews Avenue (PIN # 0079 02001)  ina B-4 (Neighborhood Commercial) District  (5) ADIOURNMENT  NEXT SCHEDULED MEETING: May7,2024    CITY OFI HENDERSON DEVELOPMENT SERVICES SPECIAL USE PERMIT APPLICATION  134 ROSE AVENUE HENDERSON! NC27536 252-430-5722 phone 252-492-7935fax henderson.ntggy  $450FEE  Application! Instructions: Complete all applicable sectionsi int this form. No application willbe processed! by thel Planning Department until ac complete application andi all required documents are receiveda andp paid. Staffr may request additional information orp planc depending ons user requirements. A scaleds site, floor, elevation, demolition plans must be submitted with application. autility Plan (IFA Appliçable) May! be submittedi after review! but willl be condition of Board of Adjustment Approval. Thez Zoning Boardo of Adjustment willl heart this case based on thet following factors:  BSiter Plan  EFloor Plan  Elevation Plan  aDemolltion Plan (ifa applicable)  Section 803- Special Use Permit:  1. Thes user willo comply with the requirements of Article 600A and 6008 oft this Zoning Ordinance. Thet use willr not materlally and: adversely affect public health, safety or welfare; Thes use will not substantially injure the value of adjoining or abutting properties; The uses willl bei int harmony witht the: area iny whichl kisl located; or bes ar matter ofp public need; Theu user willr not substantially contribute toa and overburdening ofr municipels services; and The uses willl bei inc conformity withi the Henderson! Land Use Plana and other duly adopted plans  and policies oft the City. Owner's Nome (As Listed onl Taxl Records)" Sucet Address: Sy StateZp Contact phoner 952435620 EmailAddres  Applicant's Nomr: Street Address, Zp Contact phones. 252)435-40 Imily Address  Contrector's Namer (Mmpplicobl) Street Address: CryStateZip Contact phone EmailAddress.  MVALIA SNSNO Aria SNNSO 705hulekh 21S1Nk EShd Hnh.AL2R1 mnN 21537  ShaenlwekDon Shlmbwastpi PLEASE ANSWER THE FOLLOWING GENERAL QUESTIONS: 1, Whati ist the project name?. hours, ands staffing. Special Usel Permit Application  2. Wheret is1 thep property locition? aL3 Suhsi Estctes Hadusmve Attacha at typewntten description oft the proposal project. Include howt the business wille operate,  Page 1of2  Revised! 5/31/2023    4. Whati is thel legal relationship oft the applicant top property owner? Will the! business be ina ane exsting burlding? Cirdé VESOrNO  watV  Whatisti the existing square footage?. 30%30 Whath is the proposed square footage?_ 1SX30 Whati is thet totals squaref footage? 1.350 7. Aret there any newa additions, upgrades, or rehabs fort the existing buliding? Circle VES orO)  How many parkings spaces exist ont thej property?. 2 9. How many parking spaces are proposed ont the property?. nlA  certilythat allt thes statements madei int this application anda anya attached documents: aret true, complete, andcorrect tot thel best ofr myl knowiedge and beliefa and are madei inj good faith. lunderstand that false information may be grounds for rejection of this application. Authorized City of Henderson representativest ares granted rightofentrytor makeevaluationse ori inspections andtoreleasei information  upony public request. Mwia S Appicant! Signoture Ms Property Dwner: Signoture orA Authortzed: Agent ORDAVHOPMENTSIRVAISRVCESSTAFFOALT: Received By: J6 Date Paid: fil4 HoW Paid. GeH Check": SpecialUse Permit Case" Board ot Adjustment Action  a124 Date 31124 Dote  Proposed Use: Ahpn PIN# 0411 0A020K Cityor ETH: EL Zoning.. LEH Frosts Setback: 30 Side Setback: M Rear Setback:. 7a Lot Widthya 4e Boardo pf Adjustment Date: 3531  Fee: S5co Recespts:, $01342  Special Usel Permit Application  Page 2of2  Revised5/31/2023        safieirt  4  6 N  N  2  - I  s 2        CITY OF HENDERSON  Updated 11/8/2021  Section 624B: Accessory! Storage Structures including metais cubiele buildings (PODSI 1. Permill Required: A: zoning permit willl bei required for all accessory structures regardless of the use or duration ofuse (this includes prefabricated structures, metal cubicles, PODS, and any other type ofaccessory structure). 2. Meta! Cubicle Buildings, alsol known as PODS, that are built for storage purposes purchases/leases fors storage purposes and used for slorage purposes shal!t be limited to thel Highway Çommercial (B-2 &1 B-2A) andl Industrial districts. 3. The only exception for metal cubicles (PODS) tol be locatedi in: any other districts than thel Highway, Commercial (B-2 &1 B-2A) or Industrial is for use during construction or repair ofap primary structure, Thei metal cubicle (POD) shall bej permitted on a temporary basis and shall bei removed within 30 days oft thei issuance oft the Certificate of Occupancy 4. Location: No metal Cubicle (POD) shalll be locatedi int thei front yard ofprimary structure and shall not block or obstruct parking or drives. Any accessory structune that is 12'x 12' or smaller shalll bes set-in a minimum off five (5) fect from any rear ors side property line. Ifthes structure exceeds 12'x12', theni its shall comply with the minimumn 5. Size: the aggregate square footage ofall accessory structure (excluding that portion of garages used solely for motor vehicle parking, but no more than two bays) shall not exceed 20% of the squarc footage ofthe primary structure. Ifthe aggregate square footage oft the accessory structure(s) exceeds 20%, a Special Usel Permit willl be required 6. Height: No: accessory structure incidental toar residential use shall exceed: 20' ini height 7. No accessory building. structure, orI metal cubicle (POD) may be used for residential 8. Int the R-20 and R-401 Districis, an accessory building maybe) located on al lot or aparcel which is contiguous to the principal use lot andi is also owned thel by the owner oft the principal use, with the usei restrictions that apply 10 thej principal usel lot also applyingto  for thej primary structure.  set-ini requirement for the district.  forany additional squsre footage.  purposcs.  the contiguous lot or parcel. (Amended 8/14/2017) Section 630B: Neighborhood Laundries Reserved) [Uses Ofen Allowedi in Commercial Districts)    1  3 II e        HENI  Board of Adjustment Action Form Development Services Department P.O.Box 1434  Agenda Item: 4.1  Board of Adj. Meeting: 02 January 2024  CAR  TO: Members oft the Zoning Board of Adjustment FR: Planning Department Staff RE: 603 E.. Andrews. Avenue  BOAAF: 24- Center Executive Summary:  Request for a Special Use Permit and' Variance to Establish Existing Building as an Event  Zoning District B-4 Neighborhood Commercial  Misael San Juan and. Jo-Jo's Properties LLC: are proposing to convert an existing building into an event center. The building is 23,000 SF however they only proposed to use 8,000 SF. The building isl located in acommercial district with residential dwelling surrounding. Section 652B.5 of the zoning ordinance state that an event center shall bei fifty (50') from any residential dwelling unit or residential district measured from the occupied/rentable space. Therefore, 50 variance is required to allow this  property to be used as a event center. TRC/ Staff Concerns: code.  1. Police Department opinion that noise level will exceed the 65 decidable levels as required per  2. Residential homes are within 50 ofbuilding 3. Fire: Sprinkle System. Ifexisting needs tol be updated along with FDC. Building is Sprinkle /must update for new use 4. Appendix B: form required and filled out by professional designer 5. New site plan, floor plan, life safety plan, and mechanical plan.  Possible condition Possible condition 6. Parking will need to be restriped. 7. Possible condition 8. Landscaping will need tol be reinstalled. 9. Possible condition 10. What will be: future plan for thei remaining 15,000SF? Possible expansion or store Citizen's Concerns: None Enclosures: 1. Applications 2. Site Plan  3. List of Adjacent Property Owners    CITY OF HENDERSON DEVELOPMENTSERVCES VARIANCE APPLICATION $450FEE  134ROSEAVENUE HENDENSONNC27536 2524305722phone 252-492-7935 fax hendersennc.ey  Application! inatructions: Complete slls appliçable sections. No application will be processed by the Development: Services Department untilac complete application anda all required documents are received. Ascaled sites plan must bes submitted with this agplication, Owner's Name (As Listed on Tax Records): Applicent's Name:  enkrpas LID  3 proprrics Street AdresR CONCANG 0k  msoel SOAXMA  Propeny Address: 2SAMsde slaics1  City, State -CrImNL2R City, State Zip NLa13 Contact 9A179-307 Contact phone (8sa)4a5S0S Email masHOnstuert Email gnatiaggaww  PLEASE ANSWER THE TOLLOWING GENERAL QUESTIONS:  The Zoning Bcard of Adjustment willl hear this casel based ont the following factors:  Sesiena4z-YaensE:  1. Ist the hardshipcaused: Dy unique. physical circumstances relating 1o thel land, and sot to general conditions int the district, such cyrcumstances typcally relate tos 5i2e, shapeor  topography? Orde VESoNoPlease describe.  2. Was the hardship not reasonaby discermible at the time the lot was created, and the applicant has not lakenyany action that has caused the extraordinery condition ori made  itworse? Circle VES orlNo)Please describe.  Hthe applicant complies with the Zoning Ordinance, the applicant can secreno reasonable return or make no reasonable use oftheir property. Orcle VESorND) 4. The applicant compliesv with thez Zoning Ordinance and other aingant public policy objectives willl bel lost or seriously compromised. Cirde VES orlso  Variance Application  Page 1of2  Revised 7/25/22    5.0 Can the hardship be ovpntome bya any reasonable altemative actions othert thana - Will the relief proposedimpair the use da adjacent property, detrimentallsaffect the public welfare,or alter the character of the neighborhood. Circle YESO oro) 7 Describe the variance request? Begudof Setbocks  variance?Circle' VES orlgl  8. Hany. Ahat are the proposed conditions offeredby the aoplicant?  lcertily that all thes statements madei in this application and any attached documents aret true, complete and correct to the best of my knowiedge and belief and are made in good faith. I understandi thati faise information maybe grounds fori rejections oft this application, Authorized Citys ofHenderson representatives are granted right of entryt to make evaluationsori inspections  and tos release information upon pubik request.  @ Applient Signoture  3128)24 Date Date  Propenty Owner Signoture or Authorized. Agent F9ROVEOFMENT: SERVIÇES STAFE ONIY:  Received By: Fees, How Paid:, Receipt: Speciall Use Permit Case Boardo o! Adjustnent Date:  Proposed Use:. PINN: Cityo or ET:. Front Setback:, Rear Setback: Board ofA Adjustment ACtion  Date Paid: Check N  Zoning Side Setback: Lot Width:  Variance Application  Page2of2  Revised7/25/22    CITY OF HENDERSON DEVELOPMENT SERVICES SPECIAL USE PERMIT APPLICATION  134 ROSE AVENUE HENDERSON NC: 27536 252-430-5722 phone 252-492-7935 fax henderson.nc.gov  $450 FEE  Application! Instructions: Complete all applicable sections int this form. No application willl be processed byt the Planning Department until a complete application and all required documents are received and paid. Staff may request additional information or plan depending on use requirements. A scaled site, floor, elevation, demolition plans must be: submittedi with application.  (Site Plan  Floor Plan  BElevation Plan  aD Demolition Plan (if applicable)  Utility Plan (if Applicable) Mayl be submitted after review but will be condition of Board of Adjustment Approval. The Zoning Board of Adjustment will heart this case based on the following factors:  Section 803 - Special Use Permit:  1. The use will comply with the requirements of Article 600A: and 600B oft this Zoning Ordinance. 2. The use willr not materially and adversely affect public health, safety or welfare; 3. The use will not substantiallyi injure the value of adjoining or abutting properties; 4. The use willl bei in harmony with the: areai in whichi iti is located; or be a matter of public need; . The use will not substantially contribute to an overburdening ofr municipal services; and 6. The use willl bei in conformity with thel Henderson Land Usel Plan and other duly adopted plans  and policies oft the City.  Owner's Name (AsL Listed on1 Taxi Records), * Mannhge EnterpifcsLr Street Address: City, State Zip Contact phone #: 919- 702-3007 Email Address:  Applicant's Name: Street Address: ty,Statez Zip Contact phone #: 6s4a5505 Email Address:  Contractor's Name: (a applicable) Street Address: City, State Zip Contact phone #: Email Address:  D Popa6 Misiel Saaydn 1703 CarwegiB Gow-r 263 Sde.tSL CresameorNC 27521 rSC.A213  huin)3Gaol.cem SheulmaA3Cm- PLEASE ANSWER THE FOLLOWING GENERAL QUESTIONS:  1. Whati is the project name?.  EVENT SPACR  Ave Mendloswywc  2. Where is the property location? (p03 E Arros  3. Attach at typewritten description of the proposal project. Include how thel business will operate,  hours, ands staffing. Special Use Permit Application  Page 1of2  Revised 5/31/2023    4. Whati is thel legal relationship of the applicant to property owner?  NOE  5. Will the business bei in an existing building? Circle ESOrN NO 6. What ist the existing square footage? 8000  What is the proposed square  footage? 8,000  What is the total square footage?. 8,000 Sweh  7. Aret there any new additions, upgrades, or rehabs for the existing building? CirclévEs or NO  8. How many parking spaces exist on the property?.  15gpates  9. How many parking spaces are proposed on the property?. 1156pares Csee priet Icertify that all thes statements madei int this application and any: attached documents aretrue, complete, and correct tot thel best of myl knowledge andl bellef and are made inj good faith. lunderstand thati false information may be grounds for rejection of this application. Authorized City of Henderson representatives are granted right ofentryt to make evaluations ori Iimpectiomsandtoriease information  desciphon attached For porkig plon hofovop porkciy  upony public request. RA  31324  Signature  Date Date  1ph  zlu/zy  PropenyOwner Sighoture br Authorized Agent FORI DEVELOPMENT SERVICES STAFF ONLY:  Proposed Use: PIN# #: City or ETJ: Front Setback: Rear Setback: Board of Adjustment Date:  Received By: Date Paid:, Check #: Special Use Permit Caset #_ Board of Adjustment Action:  Fee: How Paid: Receipt#:  Zoning: Side Setback: Lot Width:  Special Use Permit Application  Page 2of2  Revised 5/31/2023    Project Description IE Event Space 603 EAndrews Ave  Misael San Juan and Jo-Jo's Properties LLC, are collaborating on this new event center located at 603 E Andrews Ave, Suite A, Henderson NC. The event space will be designed to host a wide variety of events including parties (Quincineras), weddings, and church services. The facility boasts a spacious main hall with a stage and seating for up to 150 to 700 guests depending on whether it is a standing only event or tables and chairs. The hall will be 8,000 square feet. There are no fixed tables or chairs, all are moveable.  Operational Plan  The event space will be open mostly on weekends with occasional weekday use depending on customer requests. The space offers flexible rental hours to accommodate the needs of customers. Friday to Saturday hours: 9 am -2 2 am (on special events). Sunday 10 am to 10 pm. Monday to Thursday 8 am to 11 pm depending on customer need. For example, churches may rent for bible study or a funeral service on weekdays. The main hall and bathrooms will be The event space will have a team of experienced event planners on staff to  thoroughly cleaned and maintained on a regular basis. assist with the planning and execution of events.  Parking Plan  There are 115 existing parking spaces at 603 E. Andrews Ave, Henderson NC. We will be adding additional parking spaces in the adjacent lot, across Vance St. The adjacent lot will accommodate 50 additional parking spaces.    i  il/   R  tit    Primary Monk woIR Area    3    5m    City of Henderson Development Services Department Phone: (252) 430-5722/FAX: (252) 492-7935  Post Office Box 1434/1341 Rose. Avenue/Henderson, NC27536-1434  henderson.nc.gov  HENDERSON ZONING BOARD OF ADJUSTMENT DRAFT MINUTES  Tuesday, 04022024)-330P.M.  PRESENT  City Members: Ruxton Bobbitt, Danny' Wilkerson, Sharon Owens, Horace Bullock  ETJ Members: Arnold Bullock, Edward Spain ABSENT City: Richard Brand, Freddie Harris ETJ: Phil Walters STAFF PRESENT Rix Edwards, City Attorney CALLTO ORDER ROLL CALL  Corey' Williams, Development Services Director Dorothy. Jones-Wortham, Planning Technician  Ruxton Bobbitt called the meeting to order at 3:30 p.m. Corey Williams called the role. A quorum was present.  CONFLICT OF INTEREST STATEMENT read by Rix Edwards, City Attorney. No conflicts were known.  OLD BUSINESS:  Evidentiary Hearing: Case: 2403-02Z Request for a Special Use Permit to expand a storage facility 15'x30, loçated at 263 South Estates Ct, PIN # 02220 03020A, R15M Owner Shyla Nolasco requested to add additional storage to an existing accessory structure. During the presentation the owner express the need for additional storage for business and personal use. The property owners operate a construction company. The Board discussion centered around whether or noti the construction business can or should operate out oft the location. It was suggested that staff look into the situation to Motion made by Mr. Wilkerson, seconded by Mr. Horace Bullock, Board unanimously  (Moderate to Low Density Residential HUD Code Home).  determine ift the business can operate. voted to table the item to next month.  NEW BUSINESS    BOA Minutes 04-02-2024  Mr. Ruxton Bobbitt introduced the item for business.  Evidentiary Hearing: Case: 2404-01Z Request for a Special Use Permit and Variance fora a Banquet/Event Center to be located at 603 E. Andrews PIN # 0079 02001 in al B-4  Neighborhood Commercial District. Chairman Ruxton Bobbitt opened the publicl hearing.  Misael San Juan and. Jo-Jo's Properties LLC are proposing to convert an existing building into an event center. The building is 23,000 SF however, they only proposed to use 8,000 SF. The building is located in a commercial district with residential dwelling surrounding. Section 652.5 oft the zoning ordinance states that an event center shall be fifty (50') from any residential unit or residential district measured from the occupied/rentable space. Therefore, 50' ft variance is Mrs. Nicole Hampton, property owner of Jo-Jo's Properties, stated her claim; the previous architect had retired. The original plan was for the right side of building tol be a take- out restaurant (15,000 sq ft). Instead, requesting a Special Use Permit and' Variance Permit for the left side of the building (15,000 sq ft). The center would be used for weddings, birthday parties, and church services. Mr.. Joe Hampton, also property owner of Jo-Jo's Properties, was sworn in; he gave his setback measurements, Corey' Williams gave the setbacks requirements (Section 652B.5). Seems there is some discrepancy as to whether the sprinkler system has al back flow. Mr. and Mrs. Hampton stated: they have hired another architect. Mrs. Hampton stated a permit for HVAC unit has been requested. Mr. Hampton stated the ceiling has some insulation. Mr. Hampton was not understanding the variance; Corey' Williams explained the difference. Applicants will have to obtain another floor plan showing the sound proof strategy and the 50ft variance, also plans addressing the TRC comments 2-9, and explanation for the other 15,000 sq  required to allow this property to be used as an event center.  fti int the future.  Chairman Ruxton Bobbitt closed the publichearing. table the item for 60 days (the. June Meeting).  Motion made Mr. Wilkerson, seconded by Mr. Horace Bullock, board unanimously voted to  ADIOURNMENT 4:07PM.  Motion to adjourn made by Danny Wilkerson. Second by Edward Spain Meeting adjourned at  Next Scheduled Meeting May 7, 2024  Respectfully Submitted,  Dorothy. Jones-Wortham Planning Technician  Page 2of3    BOA Minutes 04-02-2024  Page 3of3