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THE ERWIN PLANNING BOARD FEBRUARY REGULAR MEETING
MONDAY, FEBRUARY 20, 2017 AT 7:00 PM ERWIN MUNICIPAL BUILDING BOARD ROOM
AGENDA
1. MEETING CALLED TO ORDERA. Invocation B. Pledge of Allegiance
2. CONSENT AGENDAA. Minutes from Regular Meeting on October 17, 2016 (Page 2)
3. NEW BUSINESSA. Replace Existing Trailer with a Class A Manufactured Home at 114 Allen Drive
(HC PIN# 0597-78-8523.000) (Page 5)
4. ORANIZATIONAL MEETING (Page 19)A. Chairperson B. Vice-Chairperson
5. ADJOURNMENT
BOARD OF ADJUSTMENTS MONDAY, FEBRUARY 20, 2017 AT 7:00 PM
ERWIN MUNICIPAL BUILDING BOARD ROOM
6. CALL TO ORDER
7. CONSENT AGENDAA. Minutes from Regular Meeting on October 17, 2016 (Page 22)
8. ADJOURNMENT
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PLANNING BOARD MEETING MINUTES
MONDAY, OCTOBER 17, 2016 ERWIN, NORTH CAROLINA
The Town of Erwin Planning Board, with Chairperson William Corbett presiding, held its regular meeting in the Town Hall at 100 West F St. on Monday, October 17, 2016, at 7:00 PM.
Board members present were: Chairperson William Corbett, Roger Chavis, Rick West, Melinda Alvarado, Out of Town Members Ray Rogers and Norman Avery and Out-of-Town-Alternate Michael Shean.
Board members absent were: In Town Members Nancy Jackson and Terry Wicker In Town Alternates Mike Manning and Elizabeth Pate.
Town Planner Snow Bowden and Town Clerk Cynthia Patterson were present.
Board Member Ray Rogers gave the invocation.
Those present recited the Pledge of Allegiance.
CONSENT ITEMS
Board Member Rick West made a motion to approve the minutes of September 19, 2016 and was seconded by Board Member Norman Avery. Motion Unanimously Approved.
NEW BUSINESS
PLANNING BOARD UPDATES
Town Planner/Assist. Town Manager Snow Bowden gave the board an update on the last Board of Commissioners meeting. They were the following:
The Erwin Town Board approved the new Downtown Mill Village Mixed UsedZoning District with two changes. They decided to move entertainment facilitiesand personal service establishments from a permitted principal use to aconditional use.
The Erwin Town Board approved the amendment to the existing conditional usepermit for Creative Angels Daycare to operate 24 hours.
The conditional use permit for two townhomes at 290 Iris Bryant Road was put onhold until November. We had the public hearing, but the commissioners wantedto see a site plan that shows the property replotted into two separate parcels. Afterthat, the Town Board can approve an amendment to the setbacks in that particularzoning district. I believe that all of the commissioners liked the proposed designon the townhomes and it will more than likely be approved at the NovemberTown Board meeting.
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MINUTES CONTINUED FROM OCTOBER 17, 2016
The Zoning Text Amendment that would allow ‘social gathering’ in the M-1Zoning District was not approved. This was due to the language in the intentsection in the M-1 Zoning District Chapter in the Erwin Town Code.
Due to the Zoning Text Amendment not being approved by the Town Board theConditional Use Permit for the Erwin Event Center was not presented.
LETTER OF SUPPORT FROM THE PLANNING BOARD
Town Planner/Assist. Town Manager Snow Bowden informed the board that The Town of Erwin is applying for a grant that would allow the town to hire a consultant to help create a bicycle/pedestrian plan for the town. This grant would cover 90% of the costs associated with the plan, while the Town only has to cover 10% of the total expenses. We are trying to obtain letters of support to include in our grant application.
Mr. Bowden stated that he has put together a letter of support from the Planning Board, if approved Planning Board Chairperson William Corbett will sign the letter for the Planning Board and be included in the grant application packet.
With that being said, Board Member Norman Avery made a motion to authorize Planning Board Chairperson William Corbett to sign the Letter of Support as written and was seconded by Board Member Melinda Alvarado. Motion Unanimously Approved.
REPLACE EXISTING TRAILER WITH A CLASS A MANUFACTURED HOME AT 114 ALLEN DRIVE (HC PIN# 0597-78-8523.000)
Town Planner/Assist. Town Manager Snow Bowden informed the board that the property owners at 114 Allen Drive would like to replace their existing trailer with a Class A Manufactured Home. Their current residence is in dire need of repair and the owner’s children would rather replace the existing trailer with a new manufactured home.
Mr. Bowden stated that the applicant owns the 3 parcels next to this location and the best way to fit the new manufactured home on the land is to have the door facing horizontally and not facing the road. Mr. Bowden suggested that the land would need to be replotted to make this into 1 parcel and place it the way it was now. It currently does not meet the Town of Erwin’s setbacks.
Board Member Norman Avery stated that this should be made a requirement due to the fact that this would be the only way the applicant can meet the setbacks.
Board Member Norman Avery made a motion that the Planning Board will allow this with the exception of combing the 2 lots as spoken to be able to meet the Town of Erwin’s setback requirements. With no second, the motion failed.
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MINUTES CONTINUED FROM OCTOBER 17, 2016
Board Member Rick West made a motion to Table this Conditional Use Request for 114 Allen Drive until the 3 lots are combined in order to meet the setbacks of the Town and was seconded by Board Member Melinda Alvarado. Motion Unanimously Approved.
ADJOURNMENT
Board Member Rick West made a motion to adjourn the meeting at 7:05 pm and was seconded by Board Member Ray Rogers. Motion Unanimously Approved.
MINUTES RECORDED AND TYPED BY CYNTHIA B. PATTERSON TOWN CLERK
____________________________ ________________________ William Corbett Cynthia B. Patterson, CMC Chairperson Town Clerk
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AGENDA ITEM NUMBER 3A NEW BUSINESS
Erwin Planning BoardREQUEST FOR CONSIDERATION
To: From: Date: Subject:
The Planning Board Members Snow Bowden, Erwin Planner/Assist. Manager February 20, 2017 Replace Existing Trailer with a Class A Manufactured Home at 114 Allen Drive (HC PIN# 0597-78-8523.000)
The property owners at 114 Allen Drive want to replace their existing trailer with a Class A Manufactured Home. There current residence is in dire need of repair and the owner’s children would rather replace the existing trailer with a new manufactured home. In order to meet the setbacks the home would have to be placed vertically on the lot as opposed to being placed on the lot horizontal with the door facing the road. The property owner does own the parcel next to it. Town Staff recommends the property owner has the land replotted before they place the manufactured home on it if this permit is approved.
Attachments
1. Conditional Use Application2. GIS Image3. Image of existing home4. Floor plan of proposed home
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Frederick and Doris Grady 120 Allen Drive
Erwin, NC 28339
Sue McNeill Matthews 112 Allen Drive
Erwin, NC 28339
Christine McNeill 106 Allen Drive
Erwin, NC 28339
Joy A. Hayes PO Box 1244
Coats, NC 27521
Kelvin Gilbert PO Box 106
Coats, NC 27521
Eugene Robinson 109 Porter Drive Erwin, NC 28339
Shirley McNeill 116 Allen Drive
Erwin, NC 28339
Maggie M. Smith 99 Riverview Road Erwin, NC 28339
Esther Bailey 107 Porter Drive Erwin, NC 28339
Bertha McLean McNeill 126 Allen Drive
Erwin, NC 28339
Brenda Godwin and Elaine Sanders 102 Allen Drive
Erwin, NC 28339
Lucille McNeill PO Box 265
Erwin, NC 28339
Huey and Carrie Malloy 1003 South Mckay Ave.
Dunn, NC 28334
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AGENDA ITEM NUMBER 4 A & B ORANIZATIONAL MEETING
Erwin Board of CommissionersREQUEST FOR CONSIDERATION
To: Planning Board Members From: Snow Bowden, Town Planner/Asst. Town Manager Date: February 20, 2017 Subject: Election of Chairperson & Vice-Chairperson
Accordingly, each year the members of this Board are to hold an organizational meeting and in this meeting the Board members are to elect amongst its members the officers for the Board. The term of the chairperson and other officers shall be one year, with eligibility for reelection. There are two officers serving on the Planning Board, including Chair and Vice Chair of the Planning and Zoning/Board of Adjustments.
Attachments:
Contact List of the Planning Board Members (Highlighted are not eligible)
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TOWN OF ERWIN PLANNING BOARD ROSTER
Revised December 2016
IN TOWN MEMBERS Contact # Appointed Expires
Chairperson William Corbett 910-897-5677 03/01/2012 03/03/2014 107 East C. Street 910-890-6020 04/03/2014 04/03/2017 Erwin, NC. 28339 [email protected]
Vice-Chairperson Terry Wicker 910-514-1715 (cell) 09/01/2011 09/01/2014 104 East I. Street 09/04/2014 09/04/2017 Erwin, NC. 28339 – wants to be called
Rick West 910-891-1895 03/03/2011 09/01/2014 808 West E. Street 910-890-3136(cell) 09/04/2014 09/04/2017 Erwin, NC. 28339 [email protected]
Roger Chavis 910-892-5759 (Home) 12/05/2013 12/05/2016 103 Twin City Ave. 910-890-4327 (Cell) 11/03/2016 11/03/2019 Dunn, NC. 28334 [email protected]
Nancy S. Jackson 910-892-4316 (Home) 03/02/2015 03/02/2018 309 St. Matthews Road 910-890-3795 (Cell) Erwin, NC. 28339 [email protected]
Melinda Alvarado 910-897-5058 (Home) 12/05/2013 12/05/2016 401 East K. Street 910-658-9215 (Cell) 12/01/2016 12/01/2019 Erwin, NC. 28334 [email protected] [email protected]
IN TOWN ALTERNATE MEMBERS
Lib Pate 03/02/2015 03/02/2018 236 Don Ron Road 910-658-0764 (Cell) Erwin, NC. 28339 [email protected]
Mike Manning 423-277-9524 (Cell) 08/04/2016 08/04/2019 135 Don Ron Road Erwin, NC. 28339 [email protected]
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TOWN OF ERWIN PLANNING BOARD ROSTER
CONTINUED
OUT OF TOWN MEMBERS
Ray Rogers 910-890-8280 03/07/2013 03/07/2016 254 Raymond Avery Road 04/07/2016 04/07/2019 P.O. Box 684 Erwin, NC. 28339 [email protected]
Norman Avery 910-897-7129 (H) 08/04/2016 08/04/2019 335 Raymond Avery Road 910-897-4800 (W) Erwin, NC. 28339 [email protected]
OUT OF TOWN ALTERNATE MEMBERS
Michael Shean 919-427-3313 (H) 08/04/2016 08/04/2019 327 Antioch Church Road 910-850-0508 (C) Dunn, NC. 28339 [email protected] VACANT SEAT
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BOARD OF ADJUSTMENTS MEETING MINUTES
MONDAY, OCTOBER 17, 2016 ERWIN, NORTH CAROLINA
Chairperson William Corbett called to order the Board of Adjustments at 7:05pm.
Board members present were: Chairperson William Corbett, Roger Chavis, Rick West, Melinda Alvarado, Out of Town Members Ray Rogers and Norman Avery and Out-of-Town-Alternate Michael Shean.
Board members absent were: In Town Members Nancy Jackson and Terry Wicker, In Town Alternates Mike Manning and Elizabeth Pate.
Town Planner Snow Bowden and Town Clerk Cynthia Patterson were present.
Lamco Custom Builders, LLC is seeking a variance to the zoning setbacks at 25 North Thomas Court with associated Harnett County Tax PIN# 0597-90-5212.000
Town Planner/Assist. Town Manager Snow Bowden informed the board that Lamco Custom Builders, LLC is seeking a variance to the zoning setbacks at 25 North Thomas Court with associated Harnett County Tax PIN# 0597-90-5212.000. Currently, the property is in the R-10 Zoning District. Due to the shape of the lot, the only structure that could be placed on the property and meet the setbacks would be a manufactured home, and manufactured homes are not a permitted or conditional use in this zoning district. Lamco is seeking a variance of 12.8 feet in the front yard and 21.7 feet in the rear. They can meet the setbacks for the side yard.
Mr. Bowden stated that Mr. Toro submitted a site plan of where the house would be located. Mr. Toro is trying to fit the house in with the cul-de-sac where houses are on both sides. It fits in well with what he is trying to do. Their company builds good homes.
Board Member Roger Chavis stated that the one problem he has with the variance is how this will affect the other land owners with their lots. Does this make it in stone that they can do this too? Mr. Bowden stated that this is why we have a Board of Adjustments so you can hear this case and basically he has presented a hardship and he is seeking an variance that will only effect this parcel.
Board Member Norman Avery stated that if it was his land he would be begging to get it done.
Melissa Mulky of 26 North Thomas Court, Erwin came forward, stated the oath and addressed the board. Ms. Mulky stated that she lives in the neighborhood and when she built her house she had to meet all the rules and regulations that was set forth. When Mr. Toro gets this approved what is going to be next and then we will not have an ordinance at all in our neighborhood. Ms. Mulky stated that rules are in place for a reason. And they
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made sure of it when I built my house. The land is small but that is the rules and there is rules for a reason.
The applicant Tony Toro came forward, stated the oath and addressed the board.
Board Member Rick West said from the drawing it looks like a square or maybe a triangle.
Mr. Toro stated the triangle is the actual piece of property and the square you see is the actual proposed home. It does not encroach the property on either side just the front and back, which the back is farmland and the front is part of the cul-de-sac which is the road. From side to side the setbacks is correct. Where the house is placed on the square, it actually fit in the cul-de-sac where it will look like the neighborhood. If you look at the build window, the only thing you could put on that piece of property is a single wide trailer. As far as neighbors side to side, the setback will not be effected only the field behind it and the cul-de-sac in front. A picture of the proposed home is with the plans.
Board Member Roger Chavis stated that he sees a paper here with a yellow line drawn down the middle of it. Is this close to the county line? Mr. Bowden replied that that is the GIS which means the yellow line is the Town’s limits and this variance request is in the towns ETJ.
Board Member Roger Chavis stated that Mr. Toro has enough land. Mr. Toro stated that the parcel of land is fine however the build window can’t get it in. In fact you would actually need to go far to the left and only have in that build window is an 18X65 which is a single wide trailer. No one would want to see a trailer.
Melissa Mulky asked is a 1400 sq. ft. home going there, if so it will be in my yard. It will be very close. Mr. Toro stated that no that he has all the setbacks that were approved on the sides yard to yard and the only one it effects is the farmland behind it which we are trying to purchase and the road in front. You can look at the design that is being proposed we have all the setbacks from side to side as far as neighbors.
Board Member Norman Avery asked did he understand that you are trying to purchase farmland behind this property. Mr. Toro stated that yes we are in talks with purchasing the second phase of the neighborhood which is 20 more lots and waiting for all of our numbers to come back from the development part side of it. Whoever owns the house on the corner if you go straight back which has not been approved but has been drawn in and have the maps for this as well. There are 4 families that own the land behind it and we are trying to purchase all of it.
Board Member Roger Chavis asked how long you think it will be before you can close the deal. Mr. Toro stated that we are waiting on all the parties involved because it has to be a certain amount because if it cost too much to develop it it’s not worth our time. All the other properties that were vacant we have purchased but one homeowner did not want to sell however we have purchased the other 4 lots.
Board Member Norman Avery stated that you are looking to purchase the other land to meet the setbacks correct? Mr. Toro replied saying no that we are looking to purchase the other land and actually develop more homes. It’s not going to help this property out. We are not there to throw some houses we are there to develop all of it if the numbers match.
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When we go in we try to buy all the lots that are left in the neighborhoods. The second phase does not have anything to do with this. We are trying to purchase the land behind this property. There is 4 families that own the land that is behind it so it will come back around and circle back out. All 4 families that own it will have to be in an agreement. That’s what we are waiting on as well. It’s the field that is behind this property. This is the only lot that has a problem as far as the setbacks are concerned.
Board Member Norman Avery asked to hear from those that are not in agreement at this time.
Dwayne Shaw of 15 North Thomas Court, Erwin came forward, stated the oath and addressed the board. Mr. Shaw stated that he is on one side of the lot and when he was ready to move there that the town made sure that I met all of the requirements. He wanted to build a bigger house there and they told me that it had to be a certain size and had to have it in those setbacks. He had to accept it because he liked the neighborhood and I build there. I think Mr. Toro needs to follow the rules that he had to follow.
Mr. Toro stated that he agreed to that as well but I also know that I think you could have paid the money to come and do the same thing and come before the board at that time. I didn’t do this for free I promise you that.
Mr. Shaw stated that he didn’t build his house for free and that he obeyed the rules.
Melissa Mulky stated that what’s going to be next. She moved out into that neighborhood because when she read the ordinance of what the guidelines she had to follow. That’s one reason she bought that lot was because she liked everything that she was reading. It’s just dishearten that someone can come before the board and change the rules and regulations that were in place.
Mr. Bowden stated that they are not changing the rules and regulations. This is a hardship variance.
Ms. Mulky asked did he not know this before he bought it. Why do you buy something and then take a hardship. You should figure out the hardship before you purchase it. That’s what I would have done. Mr. Toro bought and now he wants to change the rules.
Mr. Bowden stated that he is seeking a hardship variance to the zoning setbacks from the town code of ordinance. Every town has this process. He is seeking a hardship for that piece of land.
Mr. Toro stated that he can still put a 1400 sq. ft. home there and all the rules have been met other than the front and back.
Board Member Norman Avery asked Ms. Mulky what is your property in relations to that one lot. Ms. Mulky stated that she is on the left side of the cul-de-sac. Mr. Shaw stated that he was on the other side.
Ms. Mulky stated that when she purchased her house, I know my builder has no say however that he didn’t think you would ever build a house on that lot period because the
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lot is too small and the arrangement of it. Then when you can hear they can put a trailer there and hear they can change the setbacks that sounds like rules to her.
Mr. Toro stated that if you try and fit it on the left side, Mr. Shaw’s side, then it’s not going to be fit right in the cul-de-sac the way its tie shape so it will be shifted. Where it’s at on the plot that Mr. Toro had it shows where it sits it goes with the cul-de-sac and the way the rest of the houses are laid out in the neighborhood.
Board Member Norman Avery stated that if you are looking to buy the lots behind it, it seems like to him you can meet the setback requirements.
Mr. Toro stated that it all has to go through. You have 4 families involved not just one.
Board Member Norman Avery suggested in tabling this until Mr. Toro gets a yes or no on those back lots.
Mr. Bowden informed the board that this cannot be tabled that we need a decision from the Board of Adjustments that this is different from the Planning Board. If Mr. Toro purchases the land behind it then he will probably not have to come before you guys because he will own that land and he can replot that parcel however Phase I was approved and this parcel was part of Phase I that was approved.
Board Member Roger Chavis stated that it was our board that approved this lot with setbacks.
Mr. Shaw stated that the planner that was here during the time he purchased his home said that if you want to buy this land beside you make sure you come and see me before you buy any more land because some of you cannot do anything with it.
Ms. Mulky stated the same thing that nothing could be done with that lot. That is one reason that made me purchase my land because there was not a chance that a house could be built there because it did not meet the setbacks. That is what the previous planner told me. Now that I built a house back in July I could have a neighbor on top of me.
Mr. Bowden informed both Mr. Shaw and Ms. Mulky that they will not have a neighbor on top of them. It’s 36 ft. and 42 ft. off the sides he’s only seeking a variance.
Ms. Mulky stated even though that paperwork she signed when she received her loan that it had to be a house 1400 sq. ft. a stick built house, they can come and say to you that I don’t want to do that I want to put a trailer and you can say that is ok.
Mr. Bowden stated that to his knowledge there is no homeowners association there.
Ms. Mulky stated that’s right however she signed a hand written document by the people whose land that was.
Mr. Bowden stated that was not Town’s regulation that was development regulations. So the town can zone it and approve it. A Homeowner’s Association is a whole other deal and has nothing to do with this.
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Ms. Mulky stated so we need to form a homeowners association so we will be safe from the Town of Erwin and we won’t be safe then either.
Mr. Bowden stated no that’s not what I’m saying.
Mr. Shaw stated that he had the same paperwork that it had to be stick built no modular or manufactured home.
Mr. Bowden stated that the Town had nothing to do with the paperwork you signed. That would have been enforced with whoever you signed that paperwork with. The town enforces zoning regulations.
Ms. Mulky asked who comes up with the zoning rules the guidelines that everyone goes by that it does not mean anything that these people can change it anytime they want too.
Mr. Bowden informed the Board of Adjustments that what you say is final. It’s not changing the rules the way its worded is, its hardship and seeking a variance to the hardship that he has. It’s just for this piece of land and not changing the rules of whole R-10 zoning district or whatever zoning district it’s just for this piece of land. The side setbacks for that zoning district is 10ft. and he is 36ft off one side and 42 ft. off the other side. It is nowhere near and will be flushed to the road and that land.
Board Member Norman Avery asked Mr. Bowden to correct him if he’s wrong however the only problem is front to back and that’s it. It’s correct from side to side.
Mr. Bowden stated that yes that you can see that there is no variance to the side just needs variance from the front to the rear.
Board Member Melinda Alvarado stated that she completely understands. I can see the frustration from this but the same time based on zoning the side is not the problem.
Ms. Mulky stated that if rules change what is going to be next. There shouldn’t be rules to begin with if no one is going to follow them. The rules stopped her and was told where her house had to be. I understand that I could have come here, she didn’t even know you could change the rules but she has learned a lot today.
Mr. Shaw stated the rules stopped him.
Board Member Norman Avery asked again how big was the house proposed.
Mr. Toro stated 1475 sq. ft. it’s not too big for it, it’s the same as the other houses. Actually Ms. Mulky’s house is the same house as proposed except no garage.
Ms. Mulky stated she followed the rules and setbacks.
Board Member Rick West stated that he is aware of that. He thought maybe because of the size of the house that it was 1400 sq. ft. a very small house in the middle of two 1600 sq. ft. evidently it’s not.
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Mr. Toro stated that he would sell it to the neighbors if it’s that big of a problem. That he will not build anything if the neighbors aren’t happy.
Ms. Mulky stated that we need to talk about that.
Board Member Norman Avery informed the board that he does not see a problem due to the fact that it is not effecting the homeowners on each side. It’s just front and back and he’s looking to buy the back farmland hopefully.
With that being said, Board Member Norman Avery made a motion to approve the Variance Request for 25 North Thomas Court and was seconded by Board Member Roger Chavis. The Board voted 3 for and 3 against. Due to a tie, Chairperson William Corbett broke the tie by voting for this variance request. Motion Approved.
ADJOURNMENT
Board Member Rick West made a motion to adjourn the meeting at 7:36 pm and was seconded by Board Member Michael Shean. The Board voted unanimously.
After looking into this approval, it was determined that the NC General Statutes require a 4/5th vote to approve a hardship variance. So this Variance request was not approved. Mr. Bowden informed the Members of the Board of Adjustments.
MINUTES RECORDED AND TYPED BY CYNTHIA B. PATTERSON TOWN CLERK
____________________________ ________________________ William Corbett Cynthia B. Patterson, CMC Chairperson Town Clerk
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