PLANNING & DEVELOPMENT DEPARTMENT ONSLOW COUNTY BOARD OF ADJUSTMENT MEETING MINUTES January 28, 2025 Onslow County Government Center Commissioners' Chambers 234 NW Corridor Blvd, Jacksonville, NC 28540 BOARD MEMBERS PRESENT: Jerome Shaw, Chairman John Smith Christina Asbury Roger Brown Jeff Brown Kyle Fountain ONSLOW COUNTY STAFF MEMBERS PRESENT: Brett DeSelms, County Attorney Carter Metcalf, Director of Planning & Development Brandi Ely, Land Use Administrator Courtney Melchioris, Administrative Assistant I. MEETING CALLED TO ORDER Mr. Jerome Shaw, Chairman, called the meeting to order at 6:33 p.m. II. INVOCATION Mr. John Smith led all present in the invocation. III. PLEDGE OF ALLEGIANCE Mr. Roger Brown led all present in the Pledge of Allegiance. IV.APPROVAL OF MINUTES AND DECISIONS Ms. Christina Asbury made the motion to approve the December 17, 2024, minutes. Mr. Roger Brown seconded the motion. All members were in favor and the motion passed. Mr. Jeff Brown made a motion to approve the Board Decision: SUP-2024-00001. Ms. Christina Asbury seconded the motion. All members were in favor and the motion passed. Onslow County Board of Adjustment Minutes October 22, 2024 V. VARIANCE APPLICATION VAR-2024-00002 = Variance- Jarman Billboard Spacing Applicant: Chris Jarman Owner: Ricky S. Murray Summary of proposal: On behalf of Ricky S. Murray, Chris Jarman has submitted àn application for a Variance to construct a billboard, also known as an off-premises sign, within 1,000 feet of another off-premises sign. The property is identified as Tax Parcel 765-59.8 and is Q.40 acres. Mr. Carter Metcalf provided the decision criteria for variance applications. Ms. Brandi Ely provided an overview of the application. Ms. Christina Asbury inquired what relevance archived permit status is. Ms. Brandi Ely explained that the archived status is listed for permits that were issued under our previous system. The permit was archived when it moved over to our current system, EnerGov. Mr. Jerome Shaw inquired what an expired permit implies. Ms. Brandi Ely stated that an expired permit indicates that the permit was pulled, however, inspections were not completed on the billboard. Mr. Jerome Shawinquired ifthe expired permit is in violation and how long they have to complete inspections. Mr. Carter Metcalf stated that since the permit is expired, the applicant would need to produce proof on why it should be reinstated, or they would need to redo the permitting process. Mr. Jerome Shaw inquired ifthe applicant could rectify the expired status. Mr. Carter Metcalf stated that it could potentially be reinstated, however, it would be reviewed on a case-by-case basis. Ms. Christina Asbury inquired ifthe existing billboard within 500 feet is non-conforming. Ms. Brandi Ely stated that upon further research, we found that the billboard was placed between 2001-2006. The ordinance from that timeframe would not have allowed the sign to be placed there. Mr. Jeff Brown inquired if there is a distance requirement from the intersection. Onslow County Board of Adjustment Minutes October 22, 2024 Ms. Brandi Ely stated that Onslow County does not have a distance requirement trom'intersections, however, DOT may have their own requirements. Mr. Chris Jarman, Beulaville, NC, asked if the expired permit was issued. Ms. Brandi Ely stated that yes, the permit was issued. Mr. Chris Jarman verified that the permit was issued even though he called and asked ifl he could place a billboard in that location and was told no. Mr. Brett DeSelms stated that yes, the permit was issued, even ifit may have been an error. Mr. Chris Jarman stated that regardless ofif the permit is now expired, it was issued previously to his competitor. He also noted that permits issued in 2007 were for billboards 172' away from each other. He stated that the ordinance in 2007 had the same 1000' spacing requirement Mr. Chris Jarman gave an overview of his variance request. He stated that the nearest billboard is located 530 ft from the parcel. He stated that if the variance is not approved, he feels a unique hardship would be placed upon him, that has not been placed upon his competitors. He stated that Lamar Outdoor Advertising has two billboards by Yopp Brothers on Highway 210. He stated these two billboards are 172 ft apart from each other. He stated that he is under the impression that these billboards were placed in 2007. He has a copy of the ordinance from 2004 that states the 1000' requirement. He stated that he was previously advised by staff that he could not place a billboard on parcel 017947 due to spacing requirements. He stated that shortly after this, a competitor ofhis placed a billboard in the same location. Mr. Chris Jarman stated that billboards help bring in revenue to local businesses. He stated that the strict spacing requirement places a hardship on him as well as the property owner. He stated that the requested spacing variance would be consistent with the purpose and vision of Onslow County to provide fair and unobjective access to thrive within the community. He stated he is asking to be treated fairly and as his competitors have been treated. Ms. Christina Asbury inquired what hardship, without referencing competitors, would be placed on him ifhe cannot place a billboard on the property. Mr. Chris Jarman stated that he has not been treated fairly. Ms. Christina Asbury clarified what the criteria ofhis hardship would be specific to the property. Mr. Chris Jarman stated that he called Onslow County previously and was told he could not place a billboard at a specific location, and then his competitor called about the same location and was able to get a permit. He stated that there are billboards all over the county that are placed within 1000' of each other. He stated that he wants the existing billboards to remain in place, and wants to be treated fairly. He stated that he believes Onslow County does not like billboards. Mr. Jeff Brown inquired where the closest billboard would be placed in relation to the proposed location. Onslow County Board of Adjustment Minutes October 22, 2024 Mr. Chris Jarman clarified where the billboard would be placed in relation to the other billboard. Mr. Jerome Shaw inquired if there would be setbacks from the property lines. Mr. Carter Metcalf stated yes, there would be setbacks from the property lines. Mr. Jerome Shaw inquired if Mr. Jarman moved the billboard to another location on the property, would he meet the 1000' requirements. Mr. Chris Jarman stated that no, he would not meet the 1000' requirements if the billboard was placed anywhere on the property. Ms. Christina Asbury inquired where on the property the billboard would be placed. Mr. Chris Jarman stated that it would be placed in the corner of the property that is closest to Highway 210. Ms. Christina Asbury inquired how the billboard footprint on the lot effects any other improvements on the property. Ms. Brandi Ely stated that setbacks measure property line to structure. The setbacks for zoning do not measure structure to structure. Ms. Ely deferred to Mr. Metcalffor clarification on any building requirements. Mr. Carter Metcalf stated that it would be dependent on what the structure would be as well as what its use would be. Mr. Jeff Brown stated that he has seen buildings placed under billboards. Mr. Chris Jarman stated that placing a billboard on the lot should not restrict anything. Mr. Brett DeSelms stated that the Board must find that all criteria for a variance were met and that the Board is confined with what iti is allowed to do. He stated that previous billboards being erected need not be considered by the Board, as this would be a staffing issue that needs to be addressed. He stated that the Board of Commissioner's must decide to change an ordinance. Mr. Carter Metcalf stated that all four conditions must be found true and by 4/5th ofthe Board. First General Conclusion: That unnecessary hardship would result from the strictapplication of the Zoning Ordinance. It is not necessary to demonstrate that, in the absence of the variance, no reasonable use can be made on the property. Ms. Christina Asbury made a motion to approve. Mr. Jeff Brown seconded the motion. The motion passed by a unanimous vote. Onslow County Board of Adjustment Minutes October 22, 2024 Second General Conclusion: That the hardship results from the conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. Mr. John Smith made a motion to approve. Mr. Jeff Brown seconded the motion. Ms. Christina Asbury disagreed with the motion. In favor 3-2. Third General Conclusion: That the hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge circumstançes exist may justify the granting of a variance will not be regarded as a self-created hardship. Ms. Christina Asbury made a motion to approve. Mr. Roger Brown seconded the motion. All in favor 5-0. Forth General Conclusion: That the requested variance is consistent with the spirit, purpose, and intent oft the Zoning Ordinance, such public safety is secured, and substantial justice is achieved. Ms. Christina Asbury made a motion to deny. Mr. Jeff Brown seconded the motion. The motion was denied by a unanimous vote 5-0. Mr. Jerome Shaw stated that Mr. Chris Jarman has thirty days to appeal the decision. Mr. Chris Jarman asked if he submits a sign application, like his competitor did, without properly doing what he was supposed to, will his sign application get approved. Mr. Carter Metcalf stated that we follow proper protocol and that we now have two reviewers for every zoning permit application. It the expectations of staff to follow the Zoning Ordinance, and since this would not meet the ordinance criteria, the application would be denied. Mr. Chris Jarman asked how many he would need to show that did not go through. Mr. Brett DeSelms stated that staff could address Mr. Chris Jarman after the meeting, but the conversation is not appropriate use ofthe Board's time. Onslow County Board of Adjustment Minutes October 22, 2024 V. COMMENTS A. PUBLIC There were no comments from the public. B. BOARD OF ADJUSTMENT MEMBERS There were no comments from members of the board. C. PLANNING DEPARTMENT STAFF There were no comments from staff. VI. ADJOURNMENT There being no further business, the meeting was adjourned at 7:05 p.m. BL Jerome Shaw, Chairman ATTEST: Cauuy smlehisis Courtney Melchioris, Clerk to the Board