Stovall Board of Adjustments
The Stovall Board of Adjustments held a scheduled meeting on September 14, 2021 at the Stovall Town Hall at 7:00 pm. Stovall Board of Commissioners sitting as the Zoning Board of Adjustment for public hearings.
Mayor Janet C. Parrott present and presiding
Board Members Present: Dale Hughes, Doug Lunsford Jr., Carl Roberts, Ricky Sneed, Mike Williford
Attorney Present: Lori Dutra
Clerk Present: Sandra B. Williford
Police Chief Present: Craig Williams
Mayor Parrott called the meeting to order
Purpose: Fountain of Life Outreach Ministries, Rev. Anthony Gregory, 100 Main Street, Stovall, NC has requested a Special Use Permit on the property located at 100 Main St., Stovall, zoned Central Commercial for the purpose of a Religious Multi-purpose Building.
William Frazier, 7681 Hart’s Cross Rd., Oxford, NC and Reid Fawcett, Elcan and Associates, Inc. have requested a Variance to change the required parking spaces from 52 to 40 spaces and parking size reduction from 10 x 20 to 9 x 18 for proposed business to be located at 102 Hwy. 15 and 100 Cedar Lane, Stovall, NC.
QUASI-JUDICIAL HEARING
Mayor Parrott: As a reminder, this Board is a Quasi-Judicial Board of record and as such, all testimony will be recorded. The proceedings of this Board will be governed by the rules of procedure of this Board, the Stovall Zoning Ordinance, Article 10 of Chapter 160A of the North Carolina General Statutes and other applicable law. Letters were sent to adjoining property owners, notices were published in the newspaper, and signs were put on the property.
William Frazier, 7681 Hart’s Cross Road, Oxford, NC, and Reid Fawcett, Elcan and Associates, Inc. have requested a variance to required parking spaces from 52 to 40 spaces and parking size reduction from 10 x 20 to 9 x 18 for proposed business to be located at 102 Highway 15 and 100 Cedar Lane, Stovall, NC.
Mayor Parrott: At this time, all those wishing to speak or present evidence for or against the proposed variance, come forward and be sworn in. Only those individual who are in will be allowed to address the Board, so if you believe there is any chance you may want to present evidence on this case, please come forward at this time.
Attorney Chance Wilkinson and Reid Fawcett of Elcan and Associates, Inc. came forward to be sworn in.
Attorney Chance Wilkinson: Speaking on behalf of Elcan and Associates, Inc., they are asking for a reduction in parking spaces and size of spaces to go along with store and lot size.
Reid Fawcett: Speaking on behalf of Elcan and Associates, the lot is 1.1 acre. We are asking for a variance to required parking spaces from 52 to 40 spaces and parking size reduction from 10 x 20 to 9 x 18.
Board Member Ricky Sneed: Will there be trees and bushes?
Reid Fawcett: Yes. There will be landscaping in accordance with Town code for a project this size.
Board Member Dale Hughes: Will this limit the type of vehicle that can park in these spaces?
Reid Fawcett: No. Mirror to mirror on an F150 standard half ton truck is 8 ½ feet.
Board Member Doug Lunsford: Are you planning to have curb and gutter on the Cedar Lane side?
Reid Fawcett: Yes. We should have curb and gutter.
There being no other speakers, Board Member Mike Williford made a motion to close the public hearing. Board Member Ricky Sneed seconded the motion. The motion carried unanimously.
Attorney Lori Dutra: Summary to the Board: Your decision is based on the evidence that is submitted before you. The evidence before you is the site plan provided by the applicant and is part of the record. The attorney for the applicant and the representation for the landlord indicated that the size of this lot and the size of the store they would like to put here means they can fit only part of the parking spaces needed. Therefore, they need the variance to 40 spaces. They’ve asked for a reduction in the size of the spaces. They have indicated to you it is relatively normal and justified for that. They indicated that the size of the lot is 1.1 acre, and you have asked questions regarding the proper movement of vehicles on the lot. They’ve also indicated that they can meet the other requirements of your ordinance for this variance. So, in order for you to consider whether the variance is appropriate, you have to find 4 things.
You have to find that an unnecessary hardship would result from the strict application of the regulation on parking.
That the hardship results from the condition of the property like location, size, or topography.
That the hardship did not result from the actions taken by the applicant or the property owner.
The requested variance is consistent with the spirit, purpose, and intent with the regulation so that public safety is secured and substantial so that justice is achieved.
Your rezoning of this lot to HC makes this fully appropriate. You are determining whether in fact all of those requirements have been met and whether or not the variance is appropriate. So, if it is your desire to make a motion, the appropriate motion would be whether or not the applicant has met the criteria for those findings and the variance should be approved, or whether there is one or more that have not met the requirements and the variance should be denied.
Acknowledging that each of the findings in 9-2.6 were filled by applicant, Board Member Mike Williford made a motion to approve the variance as presented. Board Member Ricky Sneed seconded the motion. The motion carried unanimously.
Fountain of Life Outreach Ministries
Mayor Parrott: Fountain of Life Outreach Ministries, Rev. Anthony Gregory, 100 Main St. Stovall, NC, has requested a Special Use Permit on the property located at 100 Main St. zoned Central Commercial for the purpose of a Religious Multi-Purpose Building. Notices have been sent to adjoining land owners, notices were place in the newspaper, and signs were placed on the property.
Board Member Mike Williford made a motion to open the Public Hearing. Board Member Carl Roberts seconded the motion. The motion carried unanimously.
Rev. Anthony Gregory came forth to be sworn in.
Attorney Lori Dutra: A church in a CC zone requires a Special Use Permit. A Special Use Permit is a use that is permitted by an ordinance with special conditions, one of which it has to be on a major collector or arterial road, which this is. Your consideration is whether it is compatible with health and public safety, that it would meet all required conditions, and that it does not injure the value of the adjoining properties. Therefore, as the Board of Adjustments, as the applicant presents their request to you and you have any questions, you are able to consider whether there are any reasonable conditions on the use that will help meet those specifications. We will open it up to Pastor Gregory and his testimony.
Pastor Gregory: As I submitted in the application, I ask that we use the building for religious fellowship, worship services, food pantry, and things of that nature. Under the ordinance, anything that’s religious must fall under church. We have secured parking. I have a letter from those leasing property next to us.
Board Member Doug Lunsford: Can I ask to see that? Because I have a written thing from the same person that owns that property that’s been rented to the gaming person and it’s an ongoing contract with them on a month to month basis.
Board Member Mike Williford: I have spoken to that same person, and they don’t have a problem with it.
Pastor Gregory: We have talked to the person that’s leasing the property and he has given us authorization while they have the lease. Would you still like a copy of the signed statement?
Board Member Lunsford: Yes.
Pastor Gregory: That’s from the guy leasing the adjoining property behind us. You’re looking at the site plan. I’d like to submit that to the record. That’s a written statement from Cory that’s leasing the property for the garage.
Board Member Williford: Even if that parking wasn’t secured, that business operated for 50 years as a store and several years as a restaurant and people parked on the street. The library will be closed when you’re having service. I don’t see where parking will be a problem.
Board Member Lunsford: How many will you have attending?
Pastor Gregory: Maximum capacity of the building is 142. According to the ordinance, we have to have 1 parking space peer 8 seats. That comes out to 18 spaces. So, if we have 75 people attending, we will have ample parking. I don’t anticipate more than 125 seats when we can go back to having services. Covid has changed everything, and all our services are online at the present time.
Board Member Hughes to Attorney Dutra: Is a special use permit granted indefinitely?
Attorney Dutra: The Special Use Permit goes with the land or the site, but if this Board determines it’s appropriate to condition the use permit on availability of parking, you can do so.
Board Member Lunsford to Attorney Dutra: How does Article 2. 7-2 play into this? The distance between a game room and a church?
Attorney Dutra: That’s for a game room coming in. If a church want to locate near a game room, that’s their decision.
Board Member Hughes to Attorney Dutra: Would someone be able to use railroad right of way for parking?
Attorney Dutra: That would be up to the railroad.
Board Member Lunsford: Reverend, are you abandon your site on Hwy. 15?
Rev. Gregory: Our intentions are still to build.
With no other questions or comments, Board Member Carl Roberts made a motion to close the Public Hearing. Board Member Mike Williford seconded the motion. The motion carried unanimously.
Attorney Dutra Summary: This is an application for a special use permit in the CC zone by Fountain of Life Outreach Ministries for the use of a religious multi-purpose building and a church as defined in your ordinance. Pastor Gregory gave evidence as to the intended use of the building and that it has a maximum occupancy of 142 people. They expect to have 75 to 125 , and that the parking would require 15 to 18 spaces, and those are spaces he has worked out with adjoining owners. Board of Adjustment members Lunsford and Williford spoke to independent knowledge of the situation, but that is not evidence in this proceeding as they are not witnesses under oath. Pastor Gregory also pointed out this would be a facility that would function for community gatherings and religious services. In your ordinance, a community building is permitted in a CC zone. A church requires a Special Use Permit. Your consideration is to determine if the use meets the standard of the ordinance, that it is located on an arterial or collector street, and it can meet parking requirements. Also, that it doesn’t endanger public health or safety, that it meets all required conditions, that it doesn’t injure the value of adjoining properties, and is in harmony with the surrounding area. No parties appeared in opposition to the use.
Motion to Approve: Board Member Dale Hughes made a motion to approve the Special Use Permit. Board Member Carl Roberts seconded the motion. The motion carried unanimously.
Schedule of Meetings: Board Member Mike Williford made a motion to schedule Board of Adjustment Meetings bi-monthly on the 1st Tuesday of the month at 7:00 pm if there are any subjects to be discussed. Board Member Dale Hughes seconded the motion. The motion carried unanimously.
Adjournment: There being no further business, Board Member Williford made a motion to adjourn the meeting. Board Member Sneed seconded the motion. The motion carried unanimously.
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Mayor Janet C. Parrott
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Clerk Sandra B. Williford