RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT
April 2, 2002
There was a meeting held at 6:30 p.m. on Tuesday, April 2, 2002, of the Randolph County Zoning Board of Adjustment in the Commissionerís Meeting Room, Randolph County Office Building, 725 McDowell Road, Asheboro, North Carolina.
1. Chairman Maxton McDowell called to order the Randolph County Zoning Board of Adjustment meeting.
2. Hal Johnson, Planning Director, called roll of the Members: Maxton McDowell, Chairman, present; Bill Dorsett, Vice Chairman, present; Lynden Craven, present; Al Morton, present; Phil Ridge, present; Larry Brown, present; Chris McLeod, present; and Mark Brower, Alternate, absent.
3.†††††††† Brown made the motion, seconded by Craven, to approve the minutes of the March 5, 2002 Randolph County Zoning Board of Adjustment meeting.† The motion passed unanimously.
4.†††††††† Swearing in of the Witnesses:
††††††††††† "Do you swear or affirm that the information you are about to give is the truth, the whole truth, and nothing but the truth, so help you God?"
Seven citizens took this oath.
5.†††††††† REQUESTS FOR A VARIANCE:
A.††††††† ROGER BROWN, Ramseur, North Carolina, is requesting an appeal from the decision of the Zoning Administrator that the conditional use permit does not allow outside storage to be located behind the business.† Location: 1132 Pleasant Ridge Church Road, 14.45 acres, Columbia Township, Parcel ID # 8701147489.† Zoning District HC-CU.
Johnson presented the Board with copies of the minutes of the September 11, 2001 Planning Board meeting and the minutes of the October 1, 2001 Board of County Commissioners meeting.† Johnson explained that after lengthy discussion at both the Planning Board meeting and Commissionersí meeting, special conditions were placed on the conditional use permit.† Johnson also presented the Board with the notice of violation that was sent to Brown on January 18, 2002, notifying him of the violations noted after site inspection.† Johnson explained Brown has the right to appeal to this Board prior to the Countyís taking him to court.
Johnson presented a series of photographs that were taken of the property and said it was his opinion, as Zoning Administrator, based upon on-site inspections, that the property is in violation of his conditional use permit.
** Arguments for Granting this Request
Brown said that he was in violation of not having the fencing up that was required.† Brown said it was his understanding that there would be no outside storage in front of the building.† Brown said that most of the cars are customersí cars, some are his cars, and the buses have been on the property and he uses them for storage.† Brown said that he didnít know that he couldnít have cars behind the building.† Brown said that Randle Brim was supposed to come to meet him to talk about the fence that is to be installed, and he has never seen him.† Brown said that his father died and it has taken almost everything he owns to bury him.† Brown said that he is in violation of the fence not being installed, but he had talked with Kenny Brown (adjoining property owner) about this problem and that he would put the fence up later.
Dorsett asked Brown about the materials behind the building.† Brown said that he didnít understand why this mess had not been cleaned up in the months since.† Dorsett said that he didnít feel that cars were outside storage.
Larry Brown told Roger Brown that he had voted against this permit because of this type of storage.† Larry asked Roger what he was going to do with the cars.† Larry asked Roger where all the people were that supported him at the last meeting.† Roger said that he didnít go around and ask them to come.
McDowell said that there have been several months for this mess to be cleaned up and itís still there.† McDowell said that there was no discussion of storage in front of or behind the building.† McDowell said that there was to be no outside storage.
Tina Brown said that when they first came to the Board† it was presented as a fence for storage behind the building.† Tina said that her father-in-law has died and she has a mother-in-law to take care of now.† Tina said this is why it has not been cleaned up.
Johnson said that the record presented, presented as evidence, shows the conditions have not been met.† Johnson said it is unfortunate that the County has to begin legal enforcement action to obtain compliance with terms of the conditional use permit.
Roger Brown said that Randle Brim was supposed to meet him on the property and didnít.†
Morton asked Roger if he had taken a landscaping or fence plan to the Planning Department.† Roger said no, but he was supposed to meet Randle Brim on the property and Mr. Brim didnít come.
** Arguments Against Granting this Request
There were six citizens present in opposition.† No testimony was presented.
** Board Discussion: Conclusions Based on Findings of Fact
Dorsett said that the trash behind the building is obvious from the road.† Dorsett said that, based on evidence and pictures presented, Mr. Brown is not in compliance with his permit and the permit should be revoked.
** Order of the Board of Adjustment
Dorsett made the motion, seconded by Larry Brown, to deny Roger Brownís appeal from the decision of the Zoning Administrator that Roger Brown is in violation of conditions of the Conditional Use Permit as approved by the Board of County Commissioners.† The motion passed unanimously.
6.†††††††† The meeting adjourned at 7:03 p.m.