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NOV 2020 APPROVED MINUTESMINUTES BOARD OF ADJUSTMENT The New Hanover County Board of Adjustment held a regular and duly advertised meeting at 5:30 P.M. at the Neu. Hanover County Govemment Center Complex,230 Govemment Center Drive. in the Lucie Harrell Conf'erence Room. Wilmington. NC, on Tuesday, November 10,2020, Menrbers Present Cameron Moore, Chairman Mark Nabell. Vice-Chairman Kristin Freeman Michael Keenan Pete DeVita Ex Olficio Members Present Ken Vafier, Executive Secretary Sharon Huffman, Deputy County Attorney Sheighla Temple. Zoning Compliance Official The meeting u'as called to order at 5:30 P.M. by the Chairman, Mr. Cameron Moore. Mr. Moore explained that the Board is a quasi-judicial board appointed by the Board of Commissioners to consider ordinance variances from residents in New Hanover County where special conditions would create unnecessary hardships. He said the Board also hears appeals ofthe County's interpretation in enforcement of the Unified Development Ordinance. The appellants have thirty days in which to appeal any decision made by the Board to Superior Court. FIRST ORDER OF BUSINESS APPROVAL OF OCTOBER 27,2020 MINUTES Following a motion by Vice-Chair Nabell and seconded by Mr. DeVita, the minutes from the October 27, 2020 meeting were unanimously approved with no edits. All ayes to approve the minutes by board members present. SECOND ORDER OF BUSINESS CASE ZBA-95I Chairman Moore informed Board members that the applicant is present to request a variance for the one case on the agenda. Today's case is a continuance from the October 27 ' 2020 meeting. Chairman Moore swore in Ken Vafier, Cindee Wolfe and Curtis Westbrook' Design Solutions, on behalf of CWEST, LLC, property owner, is requesting a variance ofa l0' from the 20' miniinum transitional buffer width requirement per Section 5.4.4.C of the New Hanover County Unified Development Ordinance. The property is located at 9515 River Road and zoned R-15, Residential District. 1 Members Absent Hank Adams Ray Bray Richard Kem The subject site is 4.2 acres and is intended to be developed as an expansion ofthe existing Snows Cut RV Park. Mr. Vafier stated a Special Use Permit has been submitted for the November 5th Planning Board meeting to review. The applicant is proposing this variance on the far southwestem boundary ofthe property, in an area where a proposed access road from the proposed RV park to River Road would be aligned. Mr. Vafier stated the applicant requested additional time at the October meeting to prepare revisions to the site plan fbr the expansion and site improvements such as the access drive, RV spaces, and septic fields on a portion of the tract located east to west on the site which is timited in width and contains soil characteristics which require the septic fields to be placed in specific locations. Mr. Vafier stated should the Special Use Permit be granted, transitional buffers would be required on the u'estern and southweslem boundaries per Section 5.4.4.C of the UDO. Mr. Vafier presented aerial photos ofthe Snows Cut RV park and adjacent undeveloped areas to the west to the park. Mr. Vafier stated that transitional buflers are required where a non-residential use abuts vacant. residentially zoned property. Two ofthe sides at the subject site are undeveloped and require buffers. There are different options for transitional buffers that can be utilized on a site and these are outlined in the UDO. Mr. Vafier concluded that the transitional buffer would include an 8 ft. screening fence with 3 ft. planting shrubs. The applicant is requesting a variance to the width. Mr. Curtis Westbrook Sr.,70l East Chatham Street, Cary, NC 27511. Mr. Westbrook introduced Ms. Wolfe and requested that she make the presentation for the variance request. Ms. Cindee Wolfe stated she has worked with Mr. Westbrook in the past on the subject site. She is presently working with Mr. Westbrook to expand the Snows Cut RV to accommodate more spaces and site improvements. Ms. Wolfe states she is presenting a simplified, conceptual site plan tonight which outlines the septic fields at the subject site. Ms. Wolfe stated the site was challenging in terms of meeting all current design requirements, as the site has been utilized in the past as a camp ground. There has been additional gravel and soil disturbance in the past at the location. Ms. Wolfe stated the shape of the site and some of the existing conditions, such as location of certain soils, limits the availability in where septic systems can be located presents a hardship. Ms. Wolfe stated in order to fully utilize the area to expand, the buffer would need to be reduced. Ms. Wolfe presented photos ofthe undeveloped and heavily wooded area where the reduced bulfer would apply. Ms. Wolfe stated there are two areas for the buffer reduction request. The proposal of a fence would start 20 ft. back due to sile triangles location offence would be set appropriately to meet regulation. The buffer reduction requested is 10 ft. rather than the required 20 ft. which would incorporate a fence and landscaping to the site. Ms. Wolfe stated this request is consistent with what may soon become a county regulation to buffer yards. 2 Ms. Wolfe staled that based on timing they are pursuing variance in order to plan appropriately for further processing the expansion proposal. Mr. DeVita inquired to the amount of septic tanks at the park. Mr. DeVita also inquired of rental time frame. Ms. Wolfe stated that there are multiple septic fields at the site and repairs, some of them will be shared. Ms. Wolfe stated the rentals would be similar to the KOA parks. which is a transient lodging site. Chairman Moore inquired of sewer availability at the subject site park. Ms. Wolfe stated sewer was available during the first stage of the park's development. Mr. West stated that for the first phase, a central septic system was available for 19 units. A field was available to pump the effluent and a repair system is located as well to adequately service these units. Mr. West stated during phase 3 section additional usable soils were located and under the recommendation of a licensed soil scientist a different method was implemented for the septic fields. Mr. West stated CFPUA does not service the area. Mr. West stated AQUA offers sewer services but is located 1,356 ft. from phase l. However, this would require an extensive financial burden to the expansion project. Ms. Freeman asked what is the standard fence requirement. Mr. Vafier stated the fence requirement is between 6-10 ft. ifthis transition buffer option is elected by the applicant. Mr. West stated the fence would be raised to meet a 6 ft. fence requirement with enough room to have a shadow box. large post with all screws in hopes to sustain future weather impacts. Mr. DeVita inquired olany opposition to the project by adjacent neighbors. Ms. Wolfe stated Ms. Weaver is aware of what is going on to the expansion and no objections has been relayed. Ms. Wolle stated fencing is not on the property line. Plantings will be installed. Ms. Huffman stated the applicant did provide findings to hardship for the variance request in the application. PUBLIC HEARING CLOSED BOARD DELIBERATION Mr. Nabell stated the site is limited due to the septic system fields. Chairman Moore stated the driveway location is limited and the narrow width limits the use of this section of the tract. Ms. Freeman stated the applicant is limited with servicing the entire park with AQUA due to finance and CFUPA does not offer sewer to the park due to its location is not within 500 ft' 3 Mr. DeVita made a motion to approve the variance based on the applicant's proposed findings of fact. Mr. Nabell second the motion. Atl ayes to approve the variance as requested ofa l0' from the 20' minimum buffer width requiremenl. PRELI\IART' FINDINCS OF FACT: It is the lJoard's conclusion that, if the applicant complies with the literal terms of the ordinance, specificalll, the 20' minimum transitional buffer rvidth requirement in Section 5.{.-l.C of the Nerr Hanover Counq Unified Development Ordinance, that an unnecessary hardship would resultAvould not result. This conclusion is based on the following FINDINGS OF FACT: Offsetting the access drive a lull 20' from the property boundary severely limits the usability of this section of the tract for the intended use. Due to the need for septic fields to serve the proposed use. the dimensional and setback requirements for each creates limitations. 2. lt is the Board's conclusion that the hardship ofnhich the applicant complains rcsults/does not result from unique circumstances related to the subiect property, such as location, size, or topographl-. This conclusion is based on the follorving FINDINGS OF FACT: The tract is unusually shaped, and the access drive needs to extend through the narrow section to the frontage along River Road. However, that severely limits the resulting usability ofthat entire section ofthe tract. The development area is further constrained by an existing structure and septic system fietds. which must be specifically located based on soiI characteristics. The hardship is a result ofthe requirement for multiple septic fields due to the location and the lack ol access to sewer. I 3. It is the Board's conclusion that the hardship did/did not result from actions taken b1'the applicant or the propert"r' owner. This conclusion is based on the follou ing FINDINGS OF FACT: The buffer requirement is a basic regulation olthe UDO to mitigate impacls and provide transition between dissimilar uses. The owner simply seeks to modify the width of the buffer in exchange for a combination ofplantings and a solid wooden fence that will provide the intended visual screening. a -1, lt is the Board's conclusion that, if granted, 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. This conclusion is based on the follorving FINDINGS OF FACT: The use of the combination of a fence and plantings is already an option of the buffer yard types, but currently still requires a 20' width. That distance is unnecessary for the installation ofthe fence and required plantings. There is currently a draft ofCode amendments that includes reducing the tuffer width to l0' when using the fence/ plantings altemative. This request would pose no safety issue to the public. or the adjacent property owner. The spirit. purpose. and intent ofth" buff.r i.gulations will still be preserved in providing both transition and visual screening of the RV park. 4 a Thcrc bcing no funhcr business bcforc thc Bolrd, it was ploperly movcd by Vicc-Chair Nabcll and seconded by Mr, Devila lo adjourn thc mecting. AII !ycs. Plelr! nott thc Eioste! lrc trot a vcrbetlm rtcord of thc procecdittgE, "Z!.1!'"'it /t4, (J,t---7lsi Exccutive Secrcl&ry Chairman Dare 1'! |rl 5 ).) I I