Documents: STAFF REPORT.PDF Documents: STAFF REPORT.PDF. July Minutes. Documents: BOA MINUTES.

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1 Documents: STAFF REPORT.PDF Documents: STAFF REPORT.PDF 3. July Minutes Documents: BOA MINUTES.PDF

2 IREDELL COUNTY DEVELOPMENT SERVICES Planning Division VARIANCE STAFF REPORT BOA CASE# STAFF PROJECT CONTACT: Rebecca Harper EXPLANTION OF THE REQUEST The applicants are requesting relief of 12.5 feet from the 35 foot rear setback per Section 2.8 and 16.3 feet from the 760 contour per Section of the Iredell County Land Development Code in order to allow the applicant to replace a deck on the back of the house that is 22.5 feet from the rear property line and 33.7 feet from the 760 contour line. OWNER/APPLICANT Owners/Applicants: Fred D & Jean L Vermeulen 300 W. 5 th Street, #538 Charlotte, NC PROPERTY INFORMATION LOCATION: 203 Balmoral Drive in Mooresville, NC; more specifically identified as PIN DIRECTIONS: Brawley School Road, right on Tuskarora Trail, right on Balmoral, at the end. SURROUNDING LAND USE: This property is surrounded by residential uses and Lake Norman. SIZE: The property is.69 acres. EXISTING LAND USE: The property has a home that was built in ZONING: The property is currently zoned R-20 (Single-Family Residential).

3 FINDINGS OF FACT 1. The request is for relief of 12.5 feet from the 35 foot rear setback per Section 2.8 and 16.3 feet from the 760 contour per Section of the Iredell County Land Development Code in order to allow the applicant to add a deck onto the back of the house that is 22.5 feet from the property line and 33.7 feet from the 760 contour. 2. The property is.69 acres located at 203 Balmoral Drive in Mooresville, NC; more specifically identified as PIN The property is currently zoned R-20 (Single-Family Residential). 4. The application was filed on 6/17/ The adjoining property owners were notified on 7/8/ The property was posted on 7/7/16. STAFF COMMENTS The home was originally built in 1986 when this portion of the county was still in Mecklenburg County. The existing deck is deteriorating and needs to be replaced. Because the original foundation cannot be used and the deck is not being replaced in the exact footprint, the applicants are required to get a variance. EXIHIBITS Staff Exhibit 1. Variance Application Staff Exhibit 2. Current Survey Staff Exhibit 3. Survey with Proposed Deck Staff Exhibit 4. Section 2.8 Staff Exhibit 5. Adjoining Owners and Zoning Map Staff Exhibit Aerial Map

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11 Staff Exhibit 4 R-20 Single-Family Residential District Section Intent The regulations of this district are intended to insure that residential development NOT having access to public water supplies and dependent upon septic tanks for sewage disposal will occur at sufficiently low densities to provide a healthful environment. Principal Structures Table 2.11 Dimensional Requirements in the R-20 District Sq. ft./ dwelling unit Minimum Lot Size* Sq. ft./ dwelling w/ water Minimum Yard Requirements See Appendix A Lot width Front Side Rear Corner Maximum Height Single-Family 20,000 15, Other 20,000 15, Section Buffer Areas Required A. A minimum 100 foot vegetative buffer measured perpendicularly from the stream bank is required for all new development activities that exceed the low density option; otherwise, a minimum fifty (50) foot vegetative buffer for development activities is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies (See Figure 4.1). Desirable artificial stream bank or shoreline stabilization is permitted.

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14 Variance Worksheet Finding There are special circumstances or conditions affecting the property such that the strict application of the provisions of the Ordinance would cause unnecessary hardship. Reasons/Evidence True: [If true, state the facts that make it true.] False: [If false, state the facts that make it false.] The circumstance giving rise to the need for the variance are peculiar to the parcel and are not generally characteristic of other parcels in the County s jurisdiction. True: [If true, state the facts that make it true.] False: [If false, state the facts that make it false.] The hardship suffered is NOT a result of the applicant s or property owner s own actions. True: [If true, state the facts that make it true.] False: [If false, state the facts that make it false.] The granting of the variance will be consistent with the spirit, purpose, and intent of the Ordinance, such that public safety is secured and substantial justice is achieved. True: [If true, state the facts that make it true.] False: [If false, state the facts that make it false.]

15 IREDELL COUNTY DEVELOPMENT SERVICES Planning Division VARIANCE STAFF REPORT BOA CASE# STAFF PROJECT CONTACT: Rebecca Harper EXPLANTION OF THE REQUEST The applicants are requesting relief of 25 feet from the 35 foot rear setback per Section 2.8 of the Iredell County Land Development Code in order to allow a proposed house to be built 10 feet from the rear property line. OWNER/APPLICANT Owner/Applicant: Waterfront Place LLC 112 S. Tryon Street, Suite 200 Charlotte, NC PROPERTY INFORMATION LOCATION: 141 Travis Point Drive in Mooresville, NC; more specifically identified as PIN DIRECTIONS: Alcove Road, right on Templeton Road, left on Camino Real Road, left on Travis Point Drive, at end. SURROUNDING LAND USE: This property is surrounded by residential uses and Lake Norman. SIZE: The property is acres. EXISTING LAND USE: The property has a home on it currently. ZONING: The property is currently zoned R-20 (Single-Family Residential).

16 FINDINGS OF FACT 1. The request is for relief of 25 feet from the 35 foot rear setback per Section 2.8 of the Iredell County Land Development Code in order to allow a proposed house to be built 10 feet from the rear property line. 2. The property is acres located at 141 Travis Point Drive in Mooresville, NC; more specifically identified as PIN The property is currently zoned R-20 (Single-Family Residential). 4. The application was filed on 6/22/ The adjoining property owners were notified on 7/8/ The property was posted on 7/7/16. STAFF COMMENTS The applicant is requesting the variance to allow a proposed house to be built 10 feet from the rear property line. The house will be outside of the 50 foot buffer. The lot to the rear is owned by Duke Power. This parcel was previously part of a Special Use Permit request in 2011 for a retreat center to hold weddings and parties. EXIHIBITS Staff Exhibit 1. Staff Exhibit 2. Staff Exhibit 3. Staff Exhibit 4. Staff Exhibit 5. Variance Application Survey Section 2.8 Single-Family Residential District Adjoining Owners and Zoning Map 2014 Aerial Map

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21 Staff Exhibit 3 R-20 Single-Family Residential District Section Intent The regulations of this district are intended to insure that residential development NOT having access to public water supplies and dependent upon septic tanks for sewage disposal will occur at sufficiently low densities to provide a healthful environment. Principal Structures Table 2.11 Dimensional Requirements in the R-20 District Sq. ft./ dwelling unit Minimum Lot Size* Sq. ft./ dwelling w/ water Minimum Yard Requirements See Appendix A Lot width Front Side Rear Corner Maximum Height Single-Family 20,000 15, Other 20,000 15,

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24 Variance Worksheet Finding There are special circumstances or conditions affecting the property such that the strict application of the provisions of the Ordinance would cause unnecessary hardship. Reasons/Evidence True: [If true, state the facts that make it true.] False: [If false, state the facts that make it false.] The circumstance giving rise to the need for the variance are peculiar to the parcel and are not generally characteristic of other parcels in the County s jurisdiction. True: [If true, state the facts that make it true.] False: [If false, state the facts that make it false.] The hardship suffered is NOT a result of the applicant s or property owner s own actions. True: [If true, state the facts that make it true.] False: [If false, state the facts that make it false.] The granting of the variance will be consistent with the spirit, purpose, and intent of the Ordinance, such that public safety is secured and substantial justice is achieved. True: [If true, state the facts that make it true.] False: [If false, state the facts that make it false.]

25 IREDELL COUNTY ZONING BOARD OF ADJUSTMENT The Iredell County Zoning Board of Adjustment met at a regularly scheduled meeting on Thursday, July 21, 2016 at 6:00 p.m. in the Commissioners Meeting Room of the Iredell County Government Center (Old Courthouse) at 200 S. Center Street in Statesville, NC. MEMBERS PRESENT Roy West, Chairman Bob Dellinger Tom Gregory Mac McCombs Bill Brater Bill Leach STAFF PRESENT Rebecca Harper Amy Anderson ABSENT Tim Johnson Chairman West called the meeting to order and Mr. Dellinger had opening prayer. At this time the floor was opened for nominations for Chairman and Vice Chair. Mr. Brater nominated Roy West as Chairman and Mr. Leach seconded. Motion passed. Mr. Leach nominated Bob Dellinger as Vice Chair and Mr. Brater seconded. Motion passed. Chairman West declared the public hearing open. He then swore/affirmed in those wishing to speak in regard to the following cases. Ms. Harper presented the following cases: BOA CASE NO Variance; Fred and Jean Vermeleun EXPLANTION OF THE REQUEST The applicants are requesting relief of 12.5 feet from the 35 foot rear setback per Section 2.8 and 16.3 feet from the 760 contour per Section of the Iredell County Land Development Code in order to allow the applicant to replace a deck on the back of the house that is 22.5 feet from the rear property line and 33.7 feet from the 760 contour line. OWNER/APPLICANT Owners/Applicants: Fred D & Jean L Vermeulen PROPERTY INFORMATION LOCATION: 203 Balmoral Drive in Mooresville, NC; more specifically identified as PIN

26 Page 2 of 8, 7/21/2016 BOA Meeting Minutes DIRECTIONS: Brawley School Road, right on Tuskarora Trail, right on Balmoral, at the end. SURROUNDING LAND USE: Norman. This property is surrounded by residential uses and Lake SIZE: The property is.69 acres. EXISTING LAND USE: The property has a home that was built in ZONING: The property is currently zoned R-20 (Single-Family Residential). FINDINGS OF FACT 1. The request is for relief of 12.5 feet from the 35 foot rear setback per Section 2.8 and 16.3 feet from the 760 contour per Section of the Iredell County Land Development Code in order to allow the applicant to add a deck onto the back of the house that is 22.5 feet from the property line and 33.7 feet from the 760 contour. 2. The property is.69 acres located at 203 Balmoral Drive in Mooresville, NC; more specifically identified as PIN The property is currently zoned R-20 (Single-Family Residential). 4. The application was filed on 6/17/ The adjoining property owners were notified on 7/8/ The property was posted on 7/7/16. STAFF COMMENTS The home was originally built in 1986 when this portion of the county was still in Mecklenburg County. The existing deck is deteriorating and needs to be replaced. Because the original foundation cannot be used and the deck is not being replaced in the exact footprint, the applicants are required to get a variance. QUESTIONS FROM BOARD TO STAFF Ms. Harper said that the Iredell County Land Development Code allows a structure built within a setback to be replaced as is if the existing foundation can be used. In this case, the foundation is wooden posts that hold the deck. The posts are deteriorating and cannot be used. Mr. West asked why the posts cannot be used. Ms. Harper said there are no footers for the posts. The posts are in disrepair. Mr. West asked the difference in the existing deck and the proposed deck. Ms. Harper said the only difference is the steps. Mr. McCombs asked how much closer to the water the replacement deck will be. Ms. Harper

27 Page 3 of 8, 7/21/2016 BOA Meeting Minutes said the proposed deck will be 33.7 feet from the 760 contour line. Ms. Harper said the deck will not be covered, therefore, water will be able to drain through. Mr. West asked if Duke Power had any control over encroachments into the 760 contour line. Ms. Harper said Duke Power only regulates from the 760 line to the water. Mr. West asked if a building permit has been issued. Ms. Harper said no, the applicants are waiting on the variance request. THOSE SPEAKING FOR THE REQUEST Fred Vermeluen, owner and applicant spoke in favor of the variance request. He said he would like to have the deck replaced because the current one is unsafe. Mr. Vermeluen said he obtained three estimates to repair the deck. Two companies and an engineer determined the foundation was no good. There are 4x6 posts holding up the current deck. The current code requires 6x6 posts. Mr. Vermeluen said the footprint of the deck is the same as the current one except for the steps. Jean Vermeluen, owner and applicant spoke in favor of the variance request. No one wished to speak against the request. The Board went over the Variance check sheet 1. There are special circumstances or conditions affecting the property such that the strict application of the provisions of the Ordinance would cause unnecessary hardship. Dellinger: McCombs: Brater: Gregory: Leach: West: BY A VOTE OF The circumstance giving rise to the need for the variance are peculiar to the parcel and are not generally characteristic of other parcels in the County s jurisdiction. Dellinger: McCombs: Brater: Gregory: Leach: West:

28 Page 4 of 8, 7/21/2016 BOA Meeting Minutes BY A VOTE OF The hardship suffered is NOT a result of the applicant s or property owner s own actions. Dellinger: McCombs: Brater: Gregory: Leach: West: BY A VOTE OF The granting of the variance will be consistent with the spirit, purpose, and intent of the Ordinance, such that public safety is secured and substantial justice is achieved. Dellinger: McCombs: Brater: Gregory: Leach: West: BY A VOTE OF 6-0 DECISION: Mr. Dellinger made a motion to APPROVE the Variance based on the Findings of Fact, and the evidence submitted. Mr. McCombs seconded said motion favor. Motion passed. VOTES: 6-0

29 Page 5 of 8, 7/21/2016 BOA Meeting Minutes BOA CASE NO ; Waterfront Place LLC (owner and applicant) EXPLANTION OF THE REQUEST The applicants are requesting relief of 25 feet from the 35 foot rear setback per Section 2.8 of the Iredell County Land Development Code in order to allow a proposed house to be built 10 feet from the rear property line. OWNER/APPLICANT Owner/Applicant: Waterfront Place LLC PROPERTY INFORMATION LOCATION: 141 Travis Point Drive in Mooresville, NC; more specifically identified as PIN DIRECTIONS: Alcove Road, right on Templeton Road, left on Camino Real Road, left on Travis Point Drive, at end. SURROUNDING LAND USE: Norman. This property is surrounded by residential uses and Lake SIZE: The property is acres. EXISTING LAND USE: The property has a home on it currently. ZONING: The property is currently zoned R-20 (Single-Family Residential). FINDINGS OF FACT 1. The request is for relief of 25 feet from the 35 foot rear setback per Section 2.8 of the Iredell County Land Development Code in order to allow a proposed house to be built 10 feet from the rear property line. 2. The property is acres located at 141 Travis Point Drive in Mooresville, NC; more specifically identified as PIN The property is currently zoned R-20 (Single-Family Residential). 4. The application was filed on 6/22/ The adjoining property owners were notified on 7/8/ The property was posted on 7/7/16.

30 Page 6 of 8, 7/21/2016 BOA Meeting Minutes Staff Comments The applicant is requesting the variance to allow a proposed house to be built 10 feet from the rear property line. The house will be outside of the 50 foot buffer. The lot to the rear is owned by Duke Power. This parcel was previously part of a Special Use Permit request in 2011 for a retreat center to hold weddings and parties. THOSE SPEAKING FOR THE REQUEST Jonathan Zulman, owner and applicant, spoke in favor of the variance request. Mr. Zulman said the current structure on the property will be torn down. Mr. Zulman said he plans to build his home on the property. Mr. Zulman said he would like the home to be close with the tree line with a nice view of the lake. The proposed placement of the home would allow Mr. Zulman to keep a natural buffer around his property. Mr. Zulman said he feels the request is with intent of the County s current ordinance. Mr. Zulman said having the Duke Power gap land artificially pushes the proposed home back more than the usual 50 foot setback. Mr. Dellinger asked if a new septic tank would be placed. Mr. Zulman said yes. Mr. Dellinger asked Mr. Zulman to point out where the new septic tank would be placed. Mr. Leach asked why the proposed house cannot be positioned within the proper setbacks. Mr. Zulman said the house can be positioned within the setbacks, but with the lay of the land and the tree line, and proximity to the water the proposed location is the ideal location. Mr. Leach asked how many trees would need to be taken out. Mr. Zulman did not have an exact number. Chairman West reiterated that the board grants variances for hardships not conveniences. Kevin Donaldson, attorney, representing the owner/applicant spoke in favor of the request. Mr. Donaldson said giving the layout of the land and the Duke Power lot the 35 foot setback creates a hardship in that it simply requires a house to be further back than anyone else s house would have to be. Mr. Donaldson said the setback was requested to be reduced to 10 foot. Mr. Brater asked Ms. Harper if she had heard from any adjoining owners. Ms. Harper said one adjoining owner called and shared his concern that the proposed house would negatively impact his view of the lake. The Board went over the Variance check sheet 1. There are special circumstances or conditions affecting the property such that the strict application of the provisions of the Ordinance would cause unnecessary hardship. Dellinger: McCombs: FALSE Based on the size of the lot. The gap land creates a special circumstances and strict application of the ordinance creates an unnecessary hardship.

31 Page 7 of 8, 7/21/2016 BOA Meeting Minutes Brater: Gregory: Leach: West: FALSE There seems to plenty of land and there are no circumstances creating an unnecessary hardship. FALSE The application of the ordinance would not cause an unnecessary hardship. FALSE There are no special circumstances that would cause an unnecessary hardship. FALSE The circumstances may create an inconvenience but not an unnecessary hardship. FALSE BY A VOTE OF The circumstance giving rise to the need for the variance are peculiar to the parcel and are not generally characteristic of other parcels in the County s jurisdiction. Dellinger: McCombs: Brater: Gregory: Leach: West: FALSE Based on the size of the lot and there is plenty of space. Gap land is peculiar to this parcel and is not generally characteristic of other parcels. FALSE - The characteristics do not force the house to be repositioned. FALSE There is legitimate need for the variance that is peculiar to the parcel. FALSE The proposed house can be repositioned. FALSE - The gap may be peculiar but with the size of the property it does not make it a unique situation. FALSE BY A VOTE OF The hardship suffered is NOT a result of the applicant s or property owner s own actions. Dellinger: McCombs: Brater: Gregory: Leach: West: FALSE The applicant has other options. FALSE The owner purchased the property in its current state. FALSE There is no hardship. FALSE There is no hardship. FALSE - The placement of the proposed house is a result of the applicant s actions. FALSE - The hardship was created by the property owner. FALSE BY A VOTE OF The granting of the variance will be consistent with the spirit, purpose, and intent of the Ordinance, such that public safety is secured and substantial justice is achieved. Dellinger: McCombs: Brater: Gregory: Leach: West: FALSE The setback requirement can be met without a variance. The new house built under current building code would be safe. FALSE Substantial justice does not apply to this variance. FALSE Granting of the variance would not achieve substantial justice. FALSE Granting of the variance would not be consistent with the ordinance. FALSE - The request is not consistent with the spirit of the ordiance.

32 Page 8 of 8, 7/21/2016 BOA Meeting Minutes FALSE BY A VOTE OF 6-0 DECISION: Mr. Dellinger made a motion to DENY the Variance based on the Findings of Fact, evidence submitted, and there other options for the applicant. Mr. Brater seconded said motion favor. Motion passed. VOTES: 5-1 Nay: McCombs MINUTES: Mr. Dellinger made a motion to approve the May 19, 2016 meeting minutes. All were in favor. ADJOURNMENT: There being no further business, Chairman West declared the meeting adjourned at 6:50 p.m. Amy B. Anderson, Administrative Assistant Date Read and/or Approved DATE FILED IN THE MINUTE BOOK BY THE CLERK:. NOTE: THE APPLICANT HAS THIRTY [30] DAYS FROM THIS DATE TO APPEAL THE DECISION BY THE BOARD.