Board of Adjustment
March 7, 2016
The City of Mount Holly Planning Commission met on March 6, 2016 at 6:30pm at the Municipal Complex located at 400 East Central Avenue, Mount Holly. Those members present were Chairman Bill Gary, Tom Springs, Melanie Wilson, Will Crest, Barry Rumfelt, Carlton Broome, Leroy Thorns and Myles Biggerstaff. City Manager Danny Jackson, Planning Director Greg Beal, Planner Brian DuPont and Matt Kusak were also present at the meeting.
Chairman Gary called the meeting to order and moved to the second item on the agenda; the approval of the minutes. Mr. Rumfelt made the motion that the Planning Commission accept the minutes as presented and Mr. Crist seconded, all members were in favor.
Chairman Gary moved to the third item on the agenda; Public hearing to appeal the Zoning Official’s decision to deny the proposed use by Quality Leaders in Management , Inc. at 300 Belmont- Mt. Holly Road, Tax Parcel #184418.
Chairman Gary moved to the fourth item on the agenda which was public hearing to consider an application, submitted by Wade Jurney Homes, for a variance to Article 5 of the Mount Holly Zoning Ordinance to encroach the rear yard setback up to 2.29 feet and side yard setback up to 4.14 feet for townhome lots 88-90 in the Riverfront Subdivision, Tax Parcel ID #’s 200374, #200375, and #200376. Mr. DuPont stated that this application was presented at the February meeting, but was post-pone in order for appropriate notice to be sent to the public. Mr. DuPont stated that staff supports the variance request based on the restrictions of the lot, which were not a self created hardship by the applicant. Mr. Gary opened the public hearing, which no one from the public spoke. Mr. Gary closed the public hearing.
Mr. Broome requested that the Board move to rule on the findings for a variance. Chairman Gary asked the Board if there were any further questions and there being none called for a vote on the four findings associated with a variance request.
1. Unnecessary hardship would result from the strict application of the Ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. Vote: 4-1 in favor. Mr. Rumfelt was opposed.
2. The hardship results from conditions that are peculiar to the property, such as location, size or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or general public, may not be the basis for granting a variance. Vote: 4-1 in favor. Mr. Rumfelt was opposed.
3. The hardship did not result from actions taken by the applicant or property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. Vote: 5-0 in favor.
4. The requested variance is consistent with the spirit, purpose and intent of the Ordinance, such that public safety is secured and substantial justice is achieved. Vote: 5-0 in favor.
Mr. Biggerstaff made a motion to approve the variance request to encroach the rear yard setback up to 2.29 feet and the side yard setback up to 4.14 feet based on the results of the four findings. Mr. Springs seconded motion and the Board of Adjustment voted 4-1 to approve the variance request with no conditions. Mr. Rumfelt was opposed.
Chairman Gary moved to the fifth item on the agenda before the Planning Commission, which was a public hearing consider rezoning a .4082-acre tract of land located on Rose Street, Parcel Id # 182033 from R-12 Single Family to B-2 Neighborhood Business. Mr. DuPont stated that the applicant wished to rezone a portion of the adjacent property in order to expand an existing business, which is zoned b-2. Mr. DuPont stated that staff supports the rezoning based on the existing B-2 district adjacent and is conforming to the use located presently. Chairman Gary opened the public hearing, which no one spoke and then closed the public hearing. Mr. Broome made a motion to recommend to City Council rezone the .4082-acre parcel from R-12 Single Family to B-2 Neighborhood Business. Mr. Thorns seconded the motion and all members were in favor.
Chairman Gary moved to the sixth item on the agenda which was a recommendation to call for a public hearing to City Council, regarding a request made by JP Development, to consider rezoning a 49.05-acre tract of land located in the Dutchman’s Ridge Subdivision, Tax Parcel ID # 217374, from R-8 Single Family Conditional Use to Conditional District Single Family. Mr. Crist made a motion to recommend to City Council to call for the public hearing. Mr. Rumfelt seconded the motion and all members were in favor.
Chairman Gary moved to seventh item on the agenda to review and recommend to City Council to approve the final plat for Dutchman’s Ridge, Phase 3. Mr. DuPont stated that staff supports the plat as it meets all City standards and intentions for the overall phasing of the subdivision. Mr. Crist made the motion to recommend to City Council the approval of the final plat for Dutchman’s Ridge, Phase 3. Mr. Broome seconded the motion, all were in favor.
Chairman Gary moved to Staff Updates and Open Discussion. Staff stated that the RFQ for the Strategic Vision Plan update was moving forward and part of the process would require two Planning Commission members to be part of the committee. Staff would ask that Mr. Crist and Mr. Thorns fill those rolls if they accept. Mr. Crist and Mr. Thorns accepted.
With there being no other items of discussion Mr. Thorns made a motion to adjourn which was seconded by Mr. Springs and all members in favor. The meeting was adjourned at 11:00 pm.
Growth and development in Mount Holly