IREDELL COUNTY DEVELOPMENT SERVICES Planning Division VARIANCE STAFF REPORT BOA CASE# 170216-2 STAFF PROJECT CONTACT: Alex Swift EXPLANTION OF THE REQUEST The applicant is requesting relief of 6.5 feet from the 15 foot side setback per section 2.7 of the Iredell County Land Development Code in order for a proposed home to be located 8.5 feet from the side property line. OWNER/APPLICANT Owners/Applicants: Linda Holliday PO Box 4825 Mooresville, NC 28117 PROPERTY INFORMATION LOCATION: 138 Culpeze Road in Mooresville, NC; more specifically identified as PIN 4637028849. DIRECTIONS: Brawley School Road, right on Blume Road, left on Beaten Path Road, right on Culpeze Drive, on the left. SURROUNDING LAND USE: This property is surrounded by residential uses and Lake Norman. SIZE: The property is.69 acres. EXISTING LAND USE: The property is currently vacant. ZONING: The property is currently zoned R-R (Resort Residential).
FINDINGS OF FACT 1. The request is for relief of 6.5 feet from the 15 foot side setback per section 2.7 of the Iredell County Land Development Code in order for a proposed home to be 8.5 feet from the side property line. 2. The property is.69 acres located at 138 Culpeze Road in Mooresville, NC; more specifically identified as PIN 4637028849. 3. The property is currently zoned R-R (Resort Residential). 4. The application was filed on 1/13/17. 5. The adjoining property owners were notified on 2/3/17. 6. The property was posted on 2/2/17. STAFF COMMENTS The setback issue arose over confusion regarding the 50 ft. Lake Norman Buffer. The owner and builder were under the impression that the state s 30 ft. setback was the only requirement. The home was specifically designed to meet the 30 ft. setback and to be handicapped accessible, and cannot be returned. EXIHIBITS Staff Exhibit 1. Variance Application Staff Exhibit 2. Survey Staff Exhibit 3. Section 2.7 Staff Exhibit 4. Adjoining Owners and Zoning Map Staff Exhibit 5. 2014 Aerial Map
Staff Exhibit 1
January 24, 2017 On August 12, 2016 I met with Randy Richard (salesperson) and Lee Boggs (contractor for setting the house) at my property to discuss how the house would fit. Lee told me that the model I looked at would only fit if he placed it long ways. He said I needed to call Alan Johnson in Environment and ask him about the buffer off of the lake. I spoke to Mr. Johnson on September 6, 2016 and he said that if the property was purchased before 2000 it was a 30 foot buffer. I spoke with Lee Boggs and told him this and he asked I bring him all the paperwork showing the date of purchase. On September 8, 2016 I met with Lee and Randy to place the order for the home. Since the State required a modular or stick built home due to my job as an AFL (Alternative Family Living home) for disabled children I purchased a smaller home. Mr. Boggs said it would fit. On September 15, 2016 Mr. Boggs and I met at the property and staked off the house with surveyor s sticks and the house fit. On December 14, 2016 Lee Boggs texted me and said that the buffer was 50 feet according to Iredell County and the house was not going to fit. On December 15, 2016 I spoke with Jamie in planning and he confirmed this. I asked him why Mr. Johnson gave me incorrect information. He said that he was correct for the State, but should have checked with the County regulations and also my contractor should have known or told me to check with the County. On December 30, 2016 I spoke with William Allison and he told me I would need to ask for a variance. He said I would work with Rebecca Harper to complete the required documentation. I had missed the January meeting, but could speak at the February meeting. On January 13, 2017 I met with Rebecca Harper to file the form for variance and she said that I had had so many problems to write up this statement.
Staff Exhibit 2
Staff Exhibit 3 R-R Resort Residential District Section 2.7.1 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 Principal Structures Sq. ft./ dwelling unit Lot width Front Side Rear Corner Maximum Height Single-Family 20,000 100 35 15 35 25 35 Other 20,000 100 30 10 20 20 35
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.]