Board of Adjustment
August 1, 2016
The City of Mount Holly Planning Commission met on August 1, 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, Barry Rumfelt, Leroy Thrones, Lauren Shoemaker, Myles Biggerstaff,
Will Crist and Melanie Wilson. City Manager Danny Jackson, City Attorney Kemp Michaels, Planner
Jonathan Wilson, Planner Brian DuPont and Matt Kusak were also present at the meeting.
Vice-Chairman Carlton Broome was absent from the meeting.
Chairman Gary called the meeting to order and moved to the second item on the agenda; the approval
of the minutes. Mr. Springs made the motion that the Planning Commission accept the minutes as
presented and Ms. Crist seconded, all members were in favor.
Mr. Michaels purposed a closed session to the Board of Adjustment to discuss the findings of the
Gaston County Superior Court ruling regarding 300 Belmont Mount Holly Rd. Mr. Springs made the
motion to go into closed session and Mr. Biggerstaff seconded, all members were in favor.
After returning from the closed session, Chairman Gary moved to the third item on the agenda;
Public Hearing regarding a variance request made by David Johnson, Mount Holly Utilities
Director/City Engineer for 218 Adrian Street, Gaston County Tax ID # 124366. The purpose of the
request is to allow parking in the front yard of a proposed governmental building located in the
L-I Light Industrial Zoning District. Mr. DuPont approached the Planning Commission and request
that all non- members from the Board of Adjustment be removed at this and that a public hearing be
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bbegieginnss bbyy tthhaannkkiningg Chairman Gary and the Board of adjustment and states the purpose
for tonight is to discuss the future City of Mount Holly Public Works building. Mr. Johnson begins
his presentation and discusses the proposed plans for the new City of Mount Holly Public Works
building at 218
Adrian Street. Mr. Johnson states that the City is proposing to construct a 7,500 square foot
building that will include a small parking lot for visitors and will utilize two additional
buildings currently on the property for a garage and storage building to the rear of the proposed
office building. Mr. Johnson stated that due to challenging topography on the property and location
of existing buildings there is a need to locate parking for the office building in the front yard.
Mr. Johnson added that the parking lot would only be used for emergency vehicles, visitors and
occasionally employee parking. Mr. Johnson detailed the proposed parking lot layout of the 12
parking spaces, the driveway and distances to adjacent property lines. Mr. Johnson then asked the
Board of Adjustment to move to approve the variance request so that the project could move forward.
When Mr. Johnson was finished with his presentation Chairman Gary opens the public hearing. Ted
Phyne who lives at 215 Adrian Street was the first to speak at the public hearing. Mr. Phyne
expresses that he does agree with a parking but he does disagree with the garbage trucks that there
will be parked on the property and shares his concern with smells and visibility of the trucks. Mr.
Johnson responds by stating that all garbage trucks will be location at the rear of property at the
lowest elevation and will not be visible to the public and will be washed down. Mark Richardson
spoke next; and shared his concerns about the garbage trucks contaminating the nearby creek. Tom
Helms also spoke and he shared his concerns about the trucks. Even if they repeat one another you
need to separate their comments. Chairman Gary then closed the public hearing. Mr. Biggerstaff then
asked Mr. Johnson what the purpose of the parking lot will be, he responds and say it will be used
for staff, vendors, visitors and emergency vehicles; no garbage trucks will be parked here.
Chairman Gary 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: 5-0 in favor.
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: 5-0 in favor.
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. Springs then made the motion to approve variance request for 218 Adrian Street, Gaston County
Tax ID # 124366 to allow parking in the front yard of a proposed governmental building located in
the L-I Light Industrial Zoning District. Mr. Crist seconded and members were in favor
Chairman Gary then moved to the forth item on the agenda; Call for a Public hearing, regarding a
request by Staff, for a text amendment to Article 3, 5, 6, and 7 of the Zoning Ordinance to reflect
recommended uses with definitions. Mr. Biggerstaff made to motion to recommend to City Council for
a public hearing for a text amendment to Article 3, 5, 6, and 7 of the Zoning Ordinance. Ms. Wilson
seconded the motion and all members were in favor.
Chairman Gary then moved to the fifth item on the agenda; Appointment of existing member to Board
of Adjustment. Mr. Biggerstaff made the motion to recommend this to City Council that Mr. Rumfelt
be added to the Board of Adjustment. Mr. Crist seconded and all members were in favor.
Chairman Gary moved to the sixth item on the agenda; Staff Updates and Open Discussion. Mr.
Wilson then approached the Planning Commission and stated that a rezoning application was turned in
at the last minute and didn’t make it into the agenda and packet. The item to be considered: Call
for public hearing, regarding a request by Michelle Cawn, for rezoning of a parcel at 133 West
Catawba Avenue, Tax Parcel ID # 124141, from O-I Office and Institutional to R-10 Single Family.
Mr. Springs made the motion to recommend to City Council to set a public hearing date for this
proposal for September 6th before the Planning Commission and September 12th before City Council.
Ms. Wilson seconded the motion and all members were in favor. Mr. DuPont then approached then
Planning Commission and stated that a welcome packet for new Planning Commission Members will be
available soon. Mr. Jackson continues and states that Mr. Greg Beal and his wife had their baby and
everyone is doing well, Greg should return in a couple of weeks.
With there being no other items for discussion Mr. Biggerstaff made a motion to adjourn which was
seconded by Ms. Shoemaker and all members in favor. The meeting was adjourned at
Growth and development in Mount Holly