Minutes of the Davidson County Board of Adjustment Meeting Davidson County, North Carolina

Transcription

1 Minutes of the Davidson County Board of Adjustment Meeting Davidson County, North Carolina Thursday, May 17, 2018 Commissioners Meeting Room 7:00 PM County of Davidson PRESENT Board Members: Vice-Chairman Tim Temple, Jim Boggs, Scott Morris, Ron Russell; Alternate: Hunter Thrift. ABSENT Chairman Kenny Meredith OTHERS PRESENT Assistant County Attorney Mike Newby, Deputy Clerk to the Davidson County Board of Commissioners Lynn Wilson, Planning Director Guy Cornman, and Planning and Zoning Officer Lee Crook. Other persons present who participated in any of the proceedings were Joshua Kepley and Danny Owen. 1. CALL TO ORDER/ADOPTION OF AGENDA Vice-Chairman Temple called the meeting to order. Mr. Russell moved, seconded by Mr. Boggs, to adopt the Agenda as presented. The motion carried unanimously (5-0). 2. SPECIAL USE PERMIT A. Request by Joshua Dean Kepley for a Special Use Permit, Class B, to operate a permanent sawmill in a RA-3, Rural Agricultural District. Mr. Crook first being duly sworn reported this request by Joshua Dean Kepley for a Special Use Permit, Class B, to operate a permanent sawmill in a RA-3, Rural Agricultural District. Said property is located at the end of Turtle Knob Lane approximately.4 mile northeast of the Jacob Street Extension intersection. Said property is described as Thomasville Township, Tax Map 324, Tax Lot 51, and contains 1.75 acres more or less.

2 Additional documents, including a GIS map, a site plan, two photos, and three aerial photos submitted by the applicant, as well as 12 photos submitted by Mr. Owen, were presented for the Board s consideration that were not a part of the agenda packet. A copy of these documents and photos which were received into evidence and are included with the original Minutes. Mr. Crook reported that Mr. Kepley s business is located at the end of Turtle Knob Road. Mr. Kepley had not been aware that a permits was required for his business. Mr. Crook stated that he is unsure how long Mr. Kepley s business has been in operation. Mr. Crook presented a GIS map to the Board and identified the locations of the City of Thomasville s shooting range, the Winding Creek Golf Course, residential housing, as well as Mr. Kepley s family land located on Turtle Knob Road. Mr. Crook reported that Mr. Kepley s business is isolated. Applicant, Joshua Kepley, first being duly affirmed, addressed the Board and reported that he is requesting a special use permit to operate a sawmill. His business is primarily logging and sawing timber. He saws timber three to four times a week and sells the timber to the public. His hours of operation are generally Monday through Friday from approximately 7:00 a.m. until 4:00 p.m. Mr. Kepley also reported that he tries to operate by appointment only and that he has no interest in expanding his business. Mr. Kepley reported that he harvests timber at other locations, and he often visits the mill to pick up supplies without sawing timber. He also reported that he saws timber when the weather is too bad to log the timber. Mr. Kepley reported that a single axle log truck is the equipment primarily used for his business. Mr. Kepley addressed the maintenance of Turtle Knob Lane. There is not a road maintenance agreement. He reported that the road is in need of grading and maintenance. Mr. Kepley further reported that he plans to do his part in keeping the road maintained. Mr. Kepley reported that Mr. Owen did not want a sign in place close to Mr. Owen s property that identified the location of Mr. Kepley s business. Mr. Kepley stated that there is a sign identifying the property that is located on Mr. Kepley s family s property. Mr. Kepley presented to the Board a site plan that included a proposed building that for future construction. Danny Owen, first being duly sworn, reported that he lives in the house behind Mr. Kepley s business. Mr. Owen was in opposition of the special use permit, due to stating signage and road maintenance issues. Mr. Owen presented photos of the property and reported traffic issues,

3 stating that currently, there are approximately 26 trips in and out of the road per day, and that Mr. Kepley s customers stop at his house looking for Mr. Kepley s business. Mr. Crook stated that the Planning Department feels that due to the isolated location of the property, its impact on the surrounding properties, which include a firing range and golf course, will be minimum and the special use permit will promote the public health, safety and general welfare; that the applicant can meet the required regulations and standards now or in the future; and that the property is in compliance with the general plans for the physical development of the county if the special use permit is approved. Mr. Crook further reported that the Planning Department recommends approval of the special use permit. The Board directed Mr. Kepley to create a sign that is satisfactory to both Mr. Kepley and Mr. Owen in order to direct customers away from Mr. Owen s property. Vice-Chairman Temple inquired if there were any other persons present who would like to speak in favor of or in opposition of Mr. Kepley s request for a special use permit. Having hearing no further testimony or evidence, the Board makes the following findings: 1) Vice-Chairman Temple stated that the proposed use does satisfy the first general standard, and that the location of the property with good signage will promote the public health, safety and general welfare if the property is operated according to the plan as submitted. Having no further requests for discussion, Mr. Russell moved, seconded by Mr. Thrift, to approve this finding. The motion carried unanimously (5-0); 2) Vice-Chairman Temple stated that the proposed use does satisfy the second general standard as the sawmill is a circular sawmill with a diesel power unit, is all portable, and is positioned close to a firing range. Having no further requests for discussion, Mr. Morris moved, seconded by Mr. Russell, to approve this finding. The motion carried unanimously (5-0); 3) Vice-Chairman Temple stated that the proposed use does satisfy the third general standard in that the use will maintain or enhance the value of contiguous property, or that the use is a public necessity, as the lumber is a higher quality, that the adjoining property will not be devalued and there is no effect on the adjoining property owner s property value. Having no further requests for discussion, Mr. Russell moved, seconded by Mr. Thrift, to approve this finding. The motion carried unanimously (5-0); and, 4) Vice-Chairman Temple stated that the proposed use does satisfy the fourth general standard, in that the use is in compliance with the general plans for the physical

4 development of the county as the Planning Department reported that the applicant is in compliance and will meet all of the required standards. Having no further requests for discussion, Mr. Russell moved, seconded by Mr. Morris, to approve this finding. The motion carried unanimously (5-0). Mr. Russell moved, seconded by Mr. Boggs, to approve Joshua Kepley s request for a special use permit, Class B, to operate a permanent sawmill in a RA-3, Rural Agricultural District. Said property is located at the end of Turtle Knob Lane approximately.4 mile northeast of the Jacob Street Extension intersection. Said property is described as Thomasville Township, Tax Map 324, Tax Lot 51 and contains 1.75 acres more or less; that this use shall include signage as agreed upon by the applicant and Mr. Owen, and as approved by the Planning Department, to direct customers to Mr. Kepley s business without being a nuisance to the adjoining property owners; that this use include a porta john if recommended by the Davidson County Health Department; that the business shall operate Monday through Friday from 7:00 a.m. until 4:30 p.m.; that applicant shall maintain the road to keep it passable; and, that these conditions be in conjunction with the request the applicant has given for the special use permit as well as the applicant s site plan as submitted for this proposed property site. The motion carried unanimously (5-0) to grant the special use permit. 3. APPROVAL OF MINUTES A. April 19, 2018 Mr. Russell moved, seconded by Mr. Morris, to approve the April 19, 2018 minutes. The motion carried unanimously UPCOMING MATTERS FOR CONSIDERATION BY THE BOARD Mr. Cornman noted the following matters expected to be presented to the Board in a future meeting: A. Special Use Permit for a wakeboard park provided that the application is submitted. 5. ADJOURNMENT Mr. Russell moved, seconded by Mr. Thrift, to adjourn the meeting. unanimously 5-0. The motion carried

5 Vice-Chairman/Zoning Board of Adjustment Davidson County Attest: Zoning Enforcement Officer of Davidson County Attest: Planning Director of Davidson County