Board Of Adjustment Agenda. Documents: BOA AGENDA.PDF STAFF REPORT.PDF. Documents: Documents:

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1 1. Board Of Adjustment Agenda Documents: BOA AGENDA.PDF Documents: STAFF REPORT.PDF Documents: STAFF REPORT.PDF

IREDELL COUNTY BOARD OF ADJUSTMENT Roy West Nick Carrington Tom Gregory Robert Dellinger Steve Shoe Tim Johnson, Alternate Alan Boyce Mac McCombs Bill Brater, Alternate Call to Order Opening Prayer

2 IREDELL COUNTY BOARD OF ADJUSTMENT Roy West Nick Carrington Tom Gregory Robert Dellinger Steve Shoe Tim Johnson, Alternate Alan Boyce Mac McCombs Bill Brater, Alternate Call to Order Opening Prayer October 15, 2015 Commissioners Meeting Room Iredell County Government Center Statesville, North Carolina 6:00 p.m. A G E N D A Approval of the 09/17/2015 Meeting Minutes Declaring Public Hearing Open (Swearing In) Hearing of Cases (Rule 5(F) & 6(C) of the Zoning Board of Adjustment Rules of Procedure): CASE NO : Joe R. Smith Family Ltd Ptr (owner), Variance CASE NO : Ryan & Rhonda Hoce (owner), Variance Declaring Public Hearing Closed Board in Executive Session (Consideration & Determination of Previous Cases Heard) Instruction of Appeal Process (Board s Decision may be Appealed to Superior Court within Thirty Days) Other Business Adjourn

3 IREDELL COUNTY DEVELOPMENT SERVICES Planning Division VARIANCE STAFF REPORT BOA CASE # STAFF PROJECT CONTACT: Rebecca Harper EXPLANATION OF THE REQUEST The applicant is requesting relief of 26.3 feet from the 50 foot rear setback per Section 2.16 of the Iredell County Land Development Code in order to construct a new loading dock 23.7 feet from the rear property line. OWNER/APPLICANT OWNER: Joe R Smith Family Ltd Ptr Applicant: Brian Inman, Associated Pkg 435 Calvert Drive 2049 Old Mountain Road Gallatin, TN Statesville, NC PROPERTY INFORMATION LOCATION: 2049 Old Mountain Road in Statesville, N.C.; more specifically identified as PIN# DIRECTIONS: Old Mountain Road, on the left before Mt Hermon Road. SURROUNDING LAND USE: This property is surrounded by residential, commercial and industrial uses. SIZE: The property is 3.77 acres. EXISTING LAND USE: The property has an existing manufacturing business on it. ZONING: The property is currently zoned M-1 (Light Manufacturing).

4 FINDINGS OF FACT 1. The request is for relief of 26.3 feet from the 50 foot rear setback per Section 2.16 of the Iredell County Land Development Code in order to construct a new loading dock 23.7 feet from the rear property line. 2. The property is 3.77 acres located at 2049 Old Mountain Road in Statesville, N.C.; more specifically identified as PIN# The property is currently zoned M-1 (Light Manufacturing). 4. The application was filed on 8/26/ The adjoining property owners were notified on 10/2/ The property was posted on 10/1/15. STAFF COMMENTS The building was constructed in There is an existing concrete ramp located feet from the road right-of-way. This lot is considered a double frontage lot since it has frontage on two parallel or approximately parallel roads. Double frontage lots are required to provide the minimum yard requirements for front yards along both street fronts. In the M-1 district, the front yard requirement is 50 feet. EXHIBITS Staff Exhibit 1. Staff Exhibit 2. Variance Application Survey Staff Exhibit 3. Section 2.16, M-1 Light Manufacturing District, Section 16.4 Staff Exhibit 4. Staff Exhibit 5. Definitions Adjoining Owners and Zoning Map 2014 Aerial Map

5 Staff Exhibit 1

9 Staff Exhibit 2

10 Staff Exhibit 3 Chapter 2: Zoning Districts Section 2.16 M-1 Light Manufacturing District Section Intent The M-1 Light Manufacturing District is designed to accommodate industries and warehousing operations which can be operated in a relatively clean and quiet manner and which will not be obnoxious to adjacent residential and business districts. Table 2.27 Dimensional Requirements in the M-1 District Principal Structures Minimum Lot Size Sq. ft./ dwelling unit Lot width Minimum Yard Requirements See Appendix A Front Side Rear Corner Maximum Height All None None None Chapter 16: Definitions Section 16.4 Definitions Lot, Double Frontage. A lot having frontage on two (2) parallel or approximately parallel roads; or a lot having frontage on a road and the lake. In all zoning districts, double frontage lots shall provide the minimum yard requirements for front yards along both street fronts.

13 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 Carrington Brater Johnson Boyce McCombs Shoe West Gregory Total 2. 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 Carrington Brater Johnson Boyce McCombs Shoe West Gregory Total 3. The hardship suffered is NOT a result of the applicant s or property owner s own actions. Dellinger Carrington Brater Johnson Boyce McCombs Shoe West Gregory Total 4. 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 Carrington Brater Johnson Boyce McCombs Shoe West Gregory Total

IREDELL COUNTY DEVELOPMENT SERVICES Planning Division VARIANCE STAFF REPORT BOA CASE # 151015-2 STAFF PROJECT CONTACT: Rebecca Harper EXPLANATION OF THE REQUEST The applicant is requesting relief of

14 IREDELL COUNTY DEVELOPMENT SERVICES Planning Division VARIANCE STAFF REPORT BOA CASE # STAFF PROJECT CONTACT: Rebecca Harper EXPLANATION OF THE REQUEST The applicant is requesting relief of 1.1 feet from the 35 foot front setback per Section 2.7 and 4.9 feet from the 50 foot buffer per Section of the Iredell County Land Development Code in order to allow a front addition to remain 33.9 feet from the front property line and a side addition to remain 45.1 feet from the 760 contour line. OWNER/APPLICANT OWNER: Ryan & Rhonda Hoce Applicant: Noel Clark, Lake Norman Realty 124 Little Acorn Lane 522 River Highway Mooresville, NC Mooresville, NC PROPERTY INFORMATION LOCATION: 124 Little Acorn Lane in Mooresville, N.C.; more specifically identified as PIN# DIRECTIONS: Highway 150 west, left on Doolie Road, right on Whippoorwill Road, left on Little Acorn Lane, at the end. SURROUNDING LAND USE: This property is surrounded by residential uses and Lake Norman. SIZE: The property is.80 acres. EXISTING LAND USE: The property has an existing house that was replaced in ZONING: The property is currently zoned RR (Resort Residential).

15 FINDINGS OF FACT 1. The request is for relief of 1.1 feet from the 35 foot front setback per Section 2.7 and 4.9 feet from the 50 foot buffer per Section of the Iredell County Land Development Code in order to allow a front addition to remain 33.9 feet from the front property line and a side addition to remain 45.1 feet from the 750 contour line. 2. The property is.80 acres located at 124 Little Acorn Lane in Mooresville, N.C.; more specifically identified as PIN# The property is currently zoned RR (Resort Residential). 4. The application was filed on 9/11/ The adjoining property owners were notified on 10/2/ The property was posted on 10/1/15. STAFF COMMENTS The original house on the lot was built in A building permit was issued for interior renovations on 7/15/05. No zoning permit is required for interior renovations. On 8/30/05, the customer added a bath to the existing renovation permit, but no zoning permit was issued. The Certificate of Occupancy was issued on 4/26/06. EXHIBITS Staff Exhibit 1. Staff Exhibit 2. Staff Exhibit 3. Staff Exhibit 4. Staff Exhibit 5. Variance Application Survey Section 2.7, RR Resort Residential District; Section 4.5.3, Buffer Areas Required; Section 15.3, Non-Conforming Occupied Buildings or Structures Adjoining Owners and Zoning Map 2014 Aerial Map

16 Staff Exhibit 1

19 Staff Exhibit 2

20 Staff Exhibit 3

21 Chapter 2: Zoning Districts Section 2.7 R-R Resort Residential District Section Intent The regulations of this district are intended to insure that the principal use of the land is for a combination of low- density recreational and outdoor recreation uses and activities appropriate for sites adjacent to Lake Norman and other streams and bodies of water which lend themselves to the development of outdoor recreational areas and communities. Table 2.9 Dimensional Requirements in the R-R District Minimum Lot Size* Minimum Yard Requirements See Appendix A Sq. ft./ Principal Lot dwelling Structures width unit Front Side Rear Corner Single- Maximum Height 20, Family Other 20, * If the property lies within a Water Supply Watershed as shown in Appendix F, please also see Section 4.5 (Watershed Development Overlay) and Table 4.1 (Watershed Densities). Chapter 4: Overlay Districts 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. Section 15.3 Non-Conforming Occupied Buildings or Structures This category of non-conformances consists of occupied buildings or structures at the time of the passage of this Ordinance, that fail to comply with minimum requirements for area, width, front yard, side yard, rear yard, height, unobstructed open space and other requirements for the districts in which they are located. Structures and buildings may be improved, enlarged, extended, and replaced provided as follows: A. Non-conforming Principal Buildings or Structures (excluding mobile homes and signs) 1. Normal structural repair and maintenance may be performed to allow the nonconforming structured to be used.

22 2. Any improvement, enlargement or extension, vertical or horizontal, of principal buildings or structures shall comply with minimum requirements as to front yard, side yard, rear yard, height and unobstructed open space and other requirements for the district in which they are located. 3. Replacement of the structure is permitted provided the original foundation is used and the replacement does NOT create new non-conformities with respect to setbacks and height. 4. The existence of a nonconforming condition on a lot, parcel or tract of land shall NOT prevent the construction of additional buildings or structures on said parcel, lot or tract so long as the new building or structure meets the requirements of this ordinance.

25 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 Carrington Brater Johnson Boyce McCombs Shoe West Gregory Total 2. 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 Carrington Brater Johnson Boyce McCombs Shoe West Gregory Total 3. The hardship suffered is NOT a result of the applicant s or property owner s own actions. Dellinger Carrington Brater Johnson Boyce McCombs Shoe West Gregory Total 4. 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 Carrington Brater Johnson Boyce McCombs Shoe West Gregory Total

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

Documents: STAFF REPORT.PDF Documents: STAFF REPORT.PDF. July Minutes. Documents: BOA MINUTES. 1. 160721-1 Documents: 160721-1 STAFF REPORT.PDF 2. 160721-2 Documents: 160721-2 STAFF REPORT.PDF 3. July Minutes Documents: 7 21 16 BOA MINUTES.PDF IREDELL COUNTY DEVELOPMENT SERVICES Planning Division