Camden County Board of Adjustment
Record of Proceedings
November 15, 2005
7:00 PM
Camden County Courthouse Courtroom
Courthouse Complex
Chairman Roger Lambertson called to order a meeting of the Camden
County Board of Adjustment with the following members present:
Chairman Roger Lambertson
Vice Chairman Morris Kight
Members William McPherson, Emory Upton, Patrick Duckwall and Douglas
Lane
The following members were absent: Tony Royle
Also present were Dave Parks, Permit Officer, Dan Porter, Planning
Director and Melissa Joines, Clerk to the Board.
Chairman Lambertson called for consideration of the July 11, 2005
minutes. McPherson made a motion to approve the minutes. Kight
seconded the motion. The motion passed 5-0.
Chairman Lambertson called for consideration of the July 27, 2005
minutes. Lane made a motion to approve the minutes. McPherson seconded
the motion. The motion passed 5-0.
Chairman Lambertson called for comments from the public. No comments.
Chairman Lambertson stated the voting members would be Chairman
Lambertson, Vice-Chairman Kight, Emory Upton, William McPherson
and Douglas Lane.
New Business
Item #1 Variance (UDO 2005-10-27) from Lynn Merritt to setback
requirements on property located at 197 East Highway 158, Courthouse
Township
Dave Parks, Permit Officer was sworn in and stated the application
was for a variance to setback requirements in a commercial zoning
district. There is a twenty five foot setback requirement in a
commercial zoned area, and along a major arterial, there is an
extra twenty five foot setback requirement. The applicant wishes
to move their business to the property in question from the property
they currently rent. There are currently mini storage warehouses
on the rear of the property. Staff recommends approval of the application.
Lynn Merritt, 670 North 343, was sworn in as the applicant and
stated she is requesting a variance to the setbacks to be able
to move her businesses to the property. The front of the property
sits between the highway and the railroad tracks and with the required
setback there is only about eight feet of property to place a building.
There are currently mini-storage warehouses on the back of the
property.
Chairman Lambertson questioned would the widening of Highway 158
affect the property. Ms. Merritt stated the state would take their
right-of-way but not her property.
Staff stated the variance would allow for a five foot rear structural
setback, a twenty foot front structural setback and a ten foot
front vehicular setback.
If the applicant complies strictly with provisions of the Ordinance,
he can make no reasonable use of his property.
Applicant response: With the railroad running thru our property,
the front of the property is not usable without a Variance.
Staff response: If applicant complies with the provisions of the
Ordinance and with the railways set back, they cannot make reasonable
use of this portion of the property for what they intend to.
Lane made a motion that if applicant complies with the provisions
of the Ordinance and with the railways set back, they cannot make
reasonable use of this portion of the property for what they intend
to. McPherson seconded the motion. The motion passed 5-0.
The hardship of which the applicant complains is one suffered
by the applicant rather than by neighbors or the general public.
Applicant response: It is a hardship on us as we own three businesses
that could affect the general public if we have to relocate elsewhere.
Staff response: The hardship is suffered by the applicant and
adjacent property owners along Highway 158. The proposed NCDOT
widening
project will affect all owners in one way or another. The current
property owner at 247 E. Highway 158 will be losing applicants
business of J & J Wholesales (Car lot) due to the widening
project. Applicant desires to keep business in the County.
Chairman Lambertson made a motion that the hardship is
suffered by the applicant and adjacent property owners along
Highway 158.
The proposed NCDOT widening project will affect all owners in
one way or another. The current property owner at 247 E. Highway
158
will be losing applicants business of J & J Wholesales (Car
lot) due to the widening project. Applicant desires to keep business
in the County. Kight seconded the motion. The motion passed 5-0.
Does the
hardship relate to the applicant’s land, rather
than personal circumstances?
Applicant response: The hardship relates to our property and the
future of our business in Camden County.
Staff response: The hardship relates to the land and the inability
to utilize this portion with current ordinance requirements on
setbacks.
McPherson made a motion that the hardship relates to the land and
the inability to utilize this portion with current ordinance requirements
on setbacks. Upton seconded the motion. The motion passed 5-0.
The hardship is unique, or nearly so, rather than one shared
by many surrounding properties.
Applicant response: At this time I feel we are the only ones trying
to utilize the front portion of their property.
Staff response: What is unique about this is that you
have the Norfolk Southern Railroad with a 33 foot easement measured
from
the center of the track on either side, County Setbacks of 50’ feet
front when along major arterials and 10’ feet rear setbacks
which leaves only leaves approximately 8 feet of land. There
exists a septic tank and water tap on this portion as there was
at one
time
a singlewide utilized as a residential structure. Applicant is
paying taxes and a monthly water tap fee on a portion of the
property they can not utilize for commercial use.
Lane made a motion that what is unique about this is
that you have the Norfolk Southern Railroad with a 33 foot easement
measured
from the center of the track on either side, County Setbacks
of
50’ feet front when along major arterials and 10’ feet
rear setbacks which leaves only leaves approximately 8 feet of
land. There exists a septic tank and water tap on this portion
as there
was
at one time a singlewide utilized as a residential structure.
Applicant is paying taxes and a monthly water tap fee on a portion
of the
property they can not utilize for commercial use. Kight seconded
the motion. The motion passed 5-0.
The hardship
is not the result of the applicant’s own
actions.
Applicant response: We are the result of others actions not our
own.
Staff response: The hardship is not the result of the applicant’s
actions as with growth, comes improvements to infrastructure
and roads as with the widening of 158 to four lanes.
Chairman Lambertson made a motion that the hardship is
not the result of the applicant’s actions as with growth
comes improvements to infrastructure and roads as with the widening
of 158 to four
lanes. Lane seconded the motion. The motion passed 5-0.
The Variance will neither result in the extension of a nonconforming
situation in violation of Articles 151.360-368 nor authorize the
initiation of a nonconforming use of land.
Staff response: If variance is approved, this will result in a
nonconforming situation in respect to current setbacks.
McPherson made a motion that if variance is approved, this will
result in a nonconforming situation in respect to current setbacks.
Lane seconded the motion. The motion passed 5-0.
Conditions:
- The applicant must strictly
abide by all other requirements of the Unified Development
Ordinance of Camden County, North Carolina,
and must also strictly comply with all other local, state, and
federal ordinances, laws, rules and regulations as one or more
ordinances, laws, rules and regulations may apply to this development.
- Applicant shall
adhere to a five (5) foot setback along the easement for
the Norfolk Southern Railway and a 20 foot Structural
setback and 10 foot vehicular set back from the front.
- Applicant shall
provide County with NCDOT approval stating proposed use will
not conflict with the widening of Highway 158 prior to
issuance of Building Permit.
- The applicant
must sign before a notary public the Variance agreeing to
the conditions by December 16, 2005 or the Variance
shall become null and void.
- Any violations
of this Variance and its conditions will result in revocation.
Chairman Lambertson called for a motion. Lane made a motion to
approve the variance with the conditions as recommended by staff.
Kight seconded the motion. The motion passed 5-0.
Items from Board Members and Staff
There are four members in which their term is ending December
31, 2005. Staff asked each member if they would be interested in
another term.
Next Meeting Date
The next Board of Adjustment meeting will be Monday, December
5, 2005.
Adjournment
Lane made motion that the meeting of the Camden County Board of
Adjustment be adjourned. Kight seconded the motion. The motion
passed 5-0. The meeting adjourned at 7:35 p.m.
| Approved: ______________ |
________________________________ |
| |
Date |
|
Chairman |
ATTEST:
________________________
Melissa Joines
Clerk to the Board
