Name: Land Use Board on 2026-08-18 6:00 PM
Uploaded: 2026-08-18T00:00:00Z
Duration: 2 h 14 min 42 s
Description: Straddling the creep, that is a, that project is very competitive, scoring well, and a lot of people from the public comment to favorably on it.

[15:33] No, no, no, no, no, no, no, no.

[18:27] the United States of America, and to the Republic for which it stands, one nation under God indivisible with liberty and justice for all.

[18:39] Remain, Sam Luke, from Australia.

[18:43] So, I work for him.

[18:46] You're going to have a dance.

[18:47] Your work we think so much is something

[18:49] that we can gather, do this.

[18:52] You can have the work we just pray.

[18:54] The main theme is, it's a school or

[18:55] it's also pray that, and what we have on the set of your home,

[19:00] here's my book.

[19:01] He's been praying.

[19:02] Amen.

[19:03] Thank you.

[19:04] Thank you.

[19:04] We'll do this.

[19:06] My name is Bob Laugh here.

[19:10] I'm from Australia.

[19:11] I'm here to explore here.

[19:11] I'm in the district building.

[19:15] I'm in the district building.

[19:22] I'm here to explore here.

[19:23] I'm here to explore here in the institution.

[19:26] I'm from the United States.

[19:28] In the Constitution law, you know, you're going to be going to be here

[19:31] and they people, they...

[19:33] Oh, this is our community, they're officers.

[19:35] They're going to be there for me.

[19:37] They're going to be there for me.

[19:38] They're the officers.

[19:43] the Constitution of the United States, that you will be faithful and bear true allegiance to the State of North Carolina, and to the Constitution of Hours and the Burties, which are or may be established for the government therea, and that you will endeavor to support maintain and defend the Constitution.

[20:24] Good morning, this time we will establish the voting member for permission available.

[20:29] Since all seven regular members are here, all seven will be those who vote on any decisions tonight.

[20:38] At this time, is there any additions or relations to the agenda?

[20:42] Staff, anybody?

[20:44] None.

[20:46] Ask for a motion to approve the agenda.

[20:50] Sir, second.

[20:52] Motion to the second.

[20:53] All in favor say aye.

[20:54] Aye.

[20:54] Any foes?

[20:56] All right.

[20:56] We have to prove the minutes for the July 21st meeting.

[21:01] They're on the packet.

[21:02] Anybody have any questions?

[21:04] Do I have a motion?

[21:06] Motion to approve?

[21:09] Is there a second?

[21:11] Second.

[21:12] All those in favour say aye?

[21:14] Aye.

[21:14] Any opposed?

[21:16] Okay.

[21:17] All right.

[21:17] Now we have to move on to the approval of the decision letters

[21:20] for the two cases that we heard at our last meeting on July 21st.

[21:24] In their first, 226, SCP-02, Sunset Ridge, LLC, Special Use Permit.

[21:32] Again those are in our packet.

[21:34] Do I have a motion?

[21:36] Like a motion to approve.

[21:38] Is there a second?

[21:39] No.

[21:40] No.

[21:40] Motion in second.

[21:41] If I ever say aye, aye, any pose?

[21:44] No.

[21:44] You have, the second one is the 26th of VAR-01, Claude Austin Road Barrier.

[21:50] Let's do have a motion.

[21:54] Like a motion to approve?

[21:56] there's second. All those in favor say aye. Any opposed? All right. We're going to

[22:03] want to our first action item tonight of a twenty twenty six of VARO two Augustine

[22:11] properties variance requests. Let me first before we get there. I want to do my

[22:16] little speech that I need to do. So that.

[22:23] My name is Darren Green. I am the chairman of the Union County land use board also alongside me tonight. We have Vice Chairman Rick Davis. That's him right there.

[22:32] We have Mr. Derek Olson just fine looking to him and down there with a checker shirt.

[22:36] We have Doug McClude, the bright orange shirt right here Mr. Drew Mellon that he just solves works where he in and wait a minute.

[22:44] Did I didn't get the notice?

[22:46] Yeah.

[22:47] Yeah.

[22:47] I addressed a lot.

[22:48] Mr. Mark Tilley.

[22:50] Right here.

[22:51] Mr. Charles Walker.

[22:52] And our alternates Mr. David Brooks at the end down here.

[22:55] And Mr. Rick Marshfield down here at this end.

[22:57] Also, President tonight, we have Staff John Ware, who is our senior planner and zoning administrator,

[23:02] Bjorn Hansen, who is our senior planner.

[23:05] Tilley Copes, our board attorney.

[23:07] And Mr. Amy Griffin, who is the one who makes sure everything works are clerk.

[23:11] and she went like that but she's the only one that's what's going on.

[23:15] Tonight we do have a couple of things we're going to be handling tonight.

[23:19] One's a variance and the other will be a rezoning request.

[23:23] These are totally different things and our attorney will be talking about the variance here in a minute.

[23:29] But we look tonight both in our quasi-judicial position as well as our position as we just

[23:40] What's it called board of our planning board board we're just we're just giving our opinion to the county commission

[23:47] All parties who plan to give testimony. This is for the

[23:52] The variance

[23:53] Pro work on must complete the green form which is up here available to you

[23:59] And you must be sworn in in order to speak on that case a planning staff member will explain while the permit was denied or while the variance is requested

[24:08] The board will question the planning staff member, an applicant, the applicant will then have the opportunity to question planning staff and then the applicant will be able to present testimony in case.

[24:19] The board may question the applicant and the planning staff member and persons and opposition may also question the applicant.

[24:28] The applicant may present sworn witnesses.

[24:31] They will be subject to cross examination.

[24:33] Other parties wish to speak, pro or con.

[24:35] We'll be given reasonable time in order to present sworn testimony.

[24:39] They will be subject to cross examination, the planning staff member, and then the applicant

[24:44] will be given opportunity for a rebuttal.

[24:47] After hearing the case, the board will review the case and render a decision.

[24:51] This is usually done following the clothes of the public hearing and the board's deliberation.

[24:56] And however, the board does have the opportunity we'd like to take it for 30 minutes.

[25:00] Today's to render a decision. You may remain present during deliberations, but once the hearing is closed, there will be no more testimony presenting. You may call the Union County Planning Department after the session to receive the decision of the board. All exhibits must remain with the board. Please hand them to our clerk and Mr. Griffin for tagging. If you feel there's a conflict of interest of any member of our board or any association that would prejudices your case, please let it be known at the start of your case. I will give you that opportunity in a minute.

[25:30] We are a quasi-digit board for this matter and can only accept sworn testimony.

[25:35] No hearsay evidence is admissible.

[25:38] Appeal of the decision of a variant is to the Union County Superior Court.

[25:42] You have 30 days from the date in which the board's written decision in order to appeal

[25:47] in accordance with North Carolina General Staffs U.

[25:50] 1, 6, 0, d, dash, 1, 4, 0, 2.

[25:53] I remind everyone to please turn off your cell phones.

[25:56] If you have a picture, please see me later and we'll talk about your retirement plans.

[26:01] Quorum is, we do have at least four members so we have a quorum.

[26:06] And I believe that's all I need to say about that.

[26:09] Our attorney, Ms. Koch, would like to remind the board.

[26:13] We don't see a lot of variances, but we have recently, but she's going to give us some point

[26:18] her syndrome, and remind us what we're supposed to do tonight.

[26:20] Thank you. I know we did have a variance last month, but I think it's especially important tonight to remind you of what a variance is and you're operating in your quasi judicial capacity as opposed to your legislative capacity, which is worth of reasoning is.

[26:35] So through your quasi judicial hearing tonight, you will hear evidence, you will determine facts and you will make a decision if the applicant has met their burden of proving those five standards that you will go over.

[26:51] by statute that they're required to meet.

[26:53] So that's what we're looking at tonight.

[26:56] This is different than a rezoning,

[26:57] which we have a public hearing.

[26:59] Citizens come in and express their opinion about a rezoning

[27:03] and then you make a recommendation

[27:05] to the Board of County Commissioners.

[27:09] So tonight is different, at least for this variance

[27:14] if they more formal evidence adhering

[27:17] excuse me, as I said, you're looking for the applicant to prove those five standards to you

[27:23] unnecessary hardship that's required for a variance.

[27:27] So the reason that's particularly important tonight, the applicant and his property

[27:32] was before you previously this year for a resuming.

[27:36] So you need to take off that hat and put on, just understand it's a different function

[27:40] tonight as what you previously heard, the applicant presenting.

[27:44] So this is a, again, quasi-judicial hearing.

[27:47] You're looking for a competence of substantial evidence to prove

[27:50] as five standards to you in order to grant that variance.

[27:55] The applicant was before the board of leave of February of this year

[27:58] on that reasoning.

[28:01] Obviously, you only have one board.

[28:03] So I do need to make sure that the fact that you have heard

[28:08] previous, not evidence, but opinions about that

[28:12] And did make recommendation that that nobody feels that they are biased in any way or can't make an impartial decision tonight based on the fact that they've heard prior information related to this particular property.

[28:26] So if anyone feels that they can't make a listen to the evidence and make an biased decision, please let me know right now.

[28:37] Also, a special function of quasi-judicial hearings is that the parties have a right for any

[28:43] exportate communication to be disclosed prior to the hearing.

[28:47] So, I want to check in with all of you and see if there's been any exportate communication

[28:52] with the applicant with Ms. Mary Clark or anybody else related to this property.

[29:02] I'm a Sarah Walker, if I don't want to single you out, but at the rezoning hearing,

[29:08] You had mentioned in the hearing that you had stoked in with Ms. Clark.

[29:13] Is that correct? Can you tell us just a little bit about the substance of that conversation?

[29:18] She never stepped in before the meeting and couldn't wait for the time to come in.

[29:28] She was coming to it.

[29:32] But she immediately said she was an entire distress because there was something that just happened.

[29:40] And when we talked about what she told me was, she was there by her side.

[29:47] She wanted somebody to build a house on that property.

[29:52] And that's what I'm sure we're going to go forward.

[29:57] And I think.

[30:00] If we were to win your liberty and justice,

[30:04] and we could consider her primary interest in this property.

[30:15] Did you think about your conversation with her, give you any sort of frequency notion that is not, or a fixed opinion about this variance that's not susceptible to change?

[30:30] It's getting towards the bias, the fact that you've had a conversation with her and discussed previously the property that give you a fixed opinion about the outcome of today, essentially that you believe it should be granted, you know, no matter what the words, okay.

[30:49] That's a successful change based on evidence you hear tonight.

[30:56] Have you had any conversations with Ms. Clark after that about this variance?

[31:03] Have you spoken with anyone else regarding the property about this variance?

[31:08] No.

[31:08] Do you think they are stupid?

[31:10] Some of them

[31:14] are making sure they do.

[31:16] They have tried to talk to staff and make sure they do what they could do in terms of the freedom.

[31:23] A field of the decision of this for tonight?

[31:26] No.

[31:28] The field of the commissioners.

[31:30] Of the rezoning decision.

[31:43] there's any discussion if any board member has an objection to Mr. Wuffup's hearing.

[31:57] Well, we'll talk about meeting that we're having tonight, and the fact that you've had conversation and

[32:05] directed the real estate company on what steps to take.

[32:11] That's not a good place to be in in your heart tonight on this board.

[32:18] Just to make sure, I understood what options they have.

[32:22] Yeah, but that's not our business.

[32:24] We're a board to make decisions about what we hear in the evidence before us.

[32:29] It's not our place to interact in how they conduct their business.

[32:33] They're a real estate company out of Charlotte.

[32:35] They have attorneys.

[32:39] My basic consideration is necessary to get justice.

[32:47] Well, in my opinion, your mind has been made up.

[32:52] And I'm not going to say it's hard, son of a bad spot.

[32:54] I'm just saying he minds made it.

[33:01] I think it would be beneficial to have a vote as to whether...

[33:05] Do we need to do that now or do we need to wait till our ask if they're saying?

[33:08] I'm sorry.

[33:10] Do we need to do that now or do I need to wait until I swear in the planning member

[33:14] and ask if there's a conflict?

[33:16] I would do it now.

[33:17] Do it now?

[33:19] Okay.

[33:20] Okay.

[33:20] If there's any concern about any member at this time, please let it be known and we'll need

[33:26] a motion to either, I guess, suspend that member for this case.

[33:36] I

[33:40] think Trump's not

[33:47] personally, I would say that you should have a vote.

[33:52] Okay.

[33:54] All right.

[33:55] Well, I guess we're going to need a motion in that case.

[34:00] So, we're almost making motion to exclude.

[34:02] How would we say that to exclude him or to remove him from this?

[34:08] Well, how do I word that?

[34:09] How do we need to word the motion?

[34:10] How do we make a motion to recuse?

[34:12] Recuse?

[34:14] Okay, so we're a motion.

[34:15] I like the motion that we ask Charles to recuse himself based on the information he's given

[34:23] publicly to this board tonight about his prior interactions with this subject.

[34:32] That's what your motion wants to be on.

[34:33] That kind of puts it on.

[34:34] I'm Mr. Walkup to recuse himself or not to the board in your capacity can vote for him not to.

[34:40] Okay, then I'll make the motion that Mr. Walkup.

[34:44] not participate in this variance, meeting tonight.

[34:50] Okay, do I have any other discussion,

[34:55] all of those in favour say aye, any opposed?

[35:00] Okay. Mr. Work, what do we need now? Does he need to have to leave the diocese?

[35:04] You don't have to come down from the diocese?

[35:07] You can come back for the next hearing. Yes.

[35:24] This time, Mr. Brooks, you are the next up member to take the seat as an alternate.

[35:31] So you'll be voting on this matter.

[35:35] All right, this time we do have a variance,

[35:38] petition number 2, 0, 2, 6, V, A, R, 0, 2.

[35:42] This is location at 38, 10, Richardson, road.

[35:47] Tax partial number is 0, 4, dash, 1, 9, 8, dash, 0, 1, 4, A.

[35:57] There you are, Mr. John.

[35:59] Is the petition complete?

[36:01] Yes. Again, we'll ask again, as anyone have a conflict with this hearing none. I asked for a motion to hear the petition.

[36:13] Is there a second?

[36:15] All right.

[36:18] I need to swear you answer.

[36:20] I'm going to get back to that page.

[36:24] Do you swear to tell a truth, the whole truth, and nothing but the truth, in the matter of hand?

[36:29] All right, so please, please, please, this matter.

[36:36] All right, this is 2026 variants O2, Augustine Properties, 3810, Richardson Road.

[36:44] I'm entering into Evidence, the Union County Development Order,

[36:47] boardenance, the Agenda Packet, the Site Plan, which is in the Agenda Packet,

[36:51] and the applicant provided a packet that I passed out to you a little bit ago.

[36:55] That'll be entered in as well.

[37:01] The applicant Augustine Properties is requesting a variance from the lot in building regulations

[37:06] more specifically shown in table 5 to our district lot in building regulations for

[37:11] conventional development of the Union County Development Ornits. They're seeking relief of

[37:16] 21,702 square foot from the lot size requirements of 40,000 square foot. And I kind of showed

[37:22] my math down here because in a little bit you'll see the survey and I just want to make sure

[37:27] where we're sighting the correct numbers as far as how much the relief is.

[37:34] So the 21,781 square foot total, there's 3,843 square foot in the right of way, which leaves

[37:42] 18,298 square feet. So that's where that 21,702 comes from.

[37:49] Again, the property is located at

[37:51] 3810 Richardson Road, and more specifically identified by a parcel number 0, 4, 1, 9, 8, 0, 1, 4, A.

[37:59] The owner is Augustine Properties, the applicant or agent for Augustine Properties is Christopher

[38:05] Dugan, and the property is owned RAA-40, residential agricultural, which requires a 40,000 square

[38:13] foot minimum requirement.

[38:16] The parcel is located on the west side of Richardson Road, south of Griffith Road, has

[38:22] in zone RA 40 since Zoning was initiated.

[38:26] The parcel was created by deed and does not meet the lot requirements of RA 40.

[38:30] District and would not be able to be utilized for single family residential without a variance.

[38:35] There's previously manufactured home on site that was placed in the property in 2006 and removed some time in 2013.

[38:41] The lot does have an existing septic and well permit approved by Union County Environmental Health so that it will accommodate a home if it can meet the setbacks.

[38:51] The property wasn't originally approved through a sub division process, as it didn't go through our office to be approved as a sub division, so that this will require a sub division submittal to make it a bill of a lot, so that will be possible once this variance is passed and approved.

[39:09] Proge uses a single family residence on a single family tract of land which is consistent with the current use of many of their adjacent properties.

[39:17] This is the physical survey of the property, and this is the numbers that I was citing earlier.

[39:22] You can see it's about half an acre.

[39:24] It's 21,731 square feet, but our ordinance doesn't allow for the right away to be counted within a lot,

[39:32] so that 3483 square foot in the right away was attracted.

[39:40] These are the existing conditions on the lot, so the top left hand is the lot itself.

[39:46] The top right is north of the site, looking down to Richardson Road, south of the site, looking down Richardson Road and the bottom left, and then opposite the site on the bottom right.

[40:00] There is currently not a structure on the property. There is a house next door that is the house that is sitting on a larger

[40:07] lot, that surrounds this lot, that is the allot that this was needed from, and the original owner before it was sold to Augustine properties.

[40:16] There is also open space around farmland and residential. There are some manufactured home parks to the north and to the south of the property down

[40:25] on Richardson Road.

[40:29] For environmental features, there are no wetlands or streams on the property.

[40:32] There is a stream that runs around the edge of the original property.

[40:39] The zoning is RA40.

[40:41] You can see it's surrounded by RA40 to the south, down the road a bit, is the RA zoning

[40:47] district that was the district that used to use to allow for manufactured home parks and

[40:52] to the north as well.

[40:56] I have one question.

[40:57] Back to that picture, that lot for the house is on.

[41:03] And I see in that correct, does that road split that lot up and is a little trying or

[41:09] right there where you got that on the other side that road?

[41:14] Yeah, sometimes you'll get left over from subdivision, I mean, from a lot of road coming

[41:20] through an existing parcel years and years ago, I don't know that that part is part of

[41:27] parcel though. I don't believe it is. Okay, it's just shows where it was. I guess. Yeah, that's

[41:36] a sub-rimnet left over from something else. Okay.

[41:43] Transportation laws, the average daily trip,

[41:45] is 500,

[41:49] and Lane use map shows this as future rural residential.

[41:55] This is the new site plan that

[41:56] they've provided showing a proposed house on the lot where the septic tanks are going to go

[42:02] and the lot lay out itself with the proposed or the, it doesn't meet setback requirements.

[42:11] Staff does not give it a recommendation in the case of the variance, so there is no staff recommendation.

[42:18] And of course you'll need to have your findings, inclusions required for approval, which is listed here.

[42:24] Do you have any questions for me?

[42:25] It

[42:29] looks like it's surrounded by other pieces of land, what would have happened if you said,

[42:39] now it looks under that around in the late 40,000 copies?

[42:43] So I think the issue with that, and you guys can correct me if I'm wrong, is that she, the owner of that property, has a reverse mortgage.

[42:52] So they don't have the ability to sell anymore.

[42:59] Any questions?

[43:00] So this would be the only path to make this lot develop, yes?

[43:14] Anything else?

[43:18] All right.

[43:20] Thank you, sir.

[43:22] This time I'd call Mr. Dugin and

[43:27] I have to swear you didn't even know your law or I think.

[43:32] We thought about that.

[43:35] Okay.

[43:35] You're not given it, it's it.

[43:37] Oh, that's my, in the past we've had issues and they always tell me,

[43:41] so I will listen to what she says.

[43:44] So we do have attorneys that come in that do want to provide evidence,

[43:47] but it sounds like, and Stugging will be just forecasting evidence.

[43:51] Okay.

[43:52] If there's something he forecasted.

[43:53] I'm good with that.

[43:53] I'm in to evidence, then you don't consider it.

[43:57] So it sounds like he is purely advocating for his clients here.

[44:00] As long as you don't give it to him.

[44:01] I have a capacity.

[44:03] All right.

[44:03] So I will need your.

[44:05] I'll need your clients to come in and be sworn in then.

[44:12] All right.

[44:14] We'll be both at the same time.

[44:17] Left hand and raise your right.

[44:20] All right.

[44:20] I'm sorry.

[44:22] You swear to the tell the truth, the whole truth,

[44:24] and nothing but the truth, and the matter at hand.

[44:27] All right. Thank you.

[44:29] And we will, I guess Mr. Dagan, you know,

[44:31] is going to introduce it or hear?

[44:33] Yes sir, if I may.

[44:35] May a police aboard Chairman Green, Vice Chair Davis, members of the board, staff, council.

[44:42] Yes, sir.

[44:44] My name is Chris Dougan.

[44:45] I'm an attorney here in town, right up the road here.

[44:49] I represent Augustine properties in this variance application.

[44:54] I believe that the evidence in this matter is going to show.

[45:00] I had all my papers and be helpful.

[45:04] It's going to show that this strict adherence to the ordinance is going to create an undo hardship on the property.

[45:11] The evidence will further show that the hardship is unique to this parcel of property, and that the hardship relates to conditions peculiar to this subject of the property.

[45:20] The hardship is not the rest of the actions taken by the applicant, subject to the property.

[45:27] by granting the variance the spirit of this ordinance will be observed.

[45:31] And we've written 10 to present evidence to you tonight to reach the threshold by providing this board,

[45:38] evidence of substantial proof that a variance is requested and is appropriate for this property.

[45:49] I'd ask Mr. McCouch, McCouch, please come on up if you would, please.

[45:58] If you could have state your name, please?

[46:01] Edward John McCouch, but I go my tag.

[46:06] Mr. McCouch, do you mind if I call you tag tonight?

[46:08] Please, thank you.

[46:10] What is your relationship to the applicant, Augustine Properties?

[46:14] We are a business partners.

[46:15] And how long have you been business partners since December of 2019?

[46:21] And is Augustine properties a subsidiary of another company?

[46:29] What is that?

[46:30] Team properties.

[46:31] And is that the same individuals that are a part of Augustine properties are a part of team properties?

[46:38] And you work with Augustine properties to purchase property.

[46:43] Yes.

[46:44] is who is Amy Augustine?

[46:47] She's my business partner.

[46:49] And what is your relationship to work?

[46:52] Here's this partner.

[46:53] That's since December 2019.

[46:57] Do you work with Ms. Augustine to purchase property and specifically worked with Augustine

[47:03] properties to purchase this property for which you are here today?

[47:08] And the property is located at 3810 Richardson Road and Monroe is that right, correct.

[47:15] And this property was purchased in what year.

[47:20] I believe it was June of last year, okay.

[47:22] So June of 2025, I'm going to show you what I'm marking as exhibit one, applicants exhibit

[47:30] one for the rocker.

[47:31] Can you tell me what this document is?

[47:34] This is a general warranty deed, okay.

[47:37] And that general warranty deed is dated what they reported June 13th of May 25th.

[47:45] And that deed is a transfer of the subject property at 3810 Richston Road current.

[47:51] And who transferred that property to Augustine properties?

[47:55] Mary E. Clark.

[47:57] I'd like to refer you to page two if you could, and it's a front and back, and each one

[48:01] of you has it in your packet there.

[48:03] Yep.

[48:03] You're going to see here at the first paragraph of page 2, it has a date or has a description

[48:12] of the specific piece of property at 38 times, which is in road.

[48:18] And that property is described by way of a survey, dated one.

[48:28] They did January 24th, okay?

[48:33] Is it your understanding or belief that the property

[48:36] was parceled out from a larger parcel property

[48:39] Inter about that time?

[48:41] That is correct, yes.

[48:43] Did you have anything to do with the parceling off of that property?

[48:47] And do you know whose larger property it was parceled

[48:49] off from?

[48:50] Mary E. Clark.

[48:52] Okay.

[48:52] In Ms. Clark's here today?

[48:53] She is.

[48:55] I'd like to, and this is a true and accurate copy

[48:57] of the deed that was filed with the Union County Register of D to the correct correct.

[49:02] I'd like to move to exhibit one of the evidence.

[49:05] Now, sir,

[49:10] the property, when you were looking at this piece of property, did you perform

[49:15] any due diligence when looking at this property?

[49:19] What did you do?

[49:20] What type of due diligence?

[49:21] I would need a few things.

[49:22] First, the foremost, what I always do is I called planning and zoning department and asked

[49:27] would allow we use what setback requirements are. Also, we learned that there was an existing

[49:36] septic on site, so we had the septic system expected and found out that it wasn't needed

[49:43] some repairs. So, didn't include that once we moved forward after that, and did therefore pursue

[49:51] a septic repair and if I can just take it one step at a time, the

[50:00] Property, at the time, you purchased the property, was there a mobile home on the parcel?

[50:04] It was not. Do you know, and we've heard from staff tonight that the mobile home was removed

[50:09] in or around 2013, do you have any information when we were the other exactly when that home was taken off?

[50:15] I don't, so I have to go for that.

[50:18] Other than contacting Union County Planning, what else did you do?

[50:28] That was the extent of between that and then having the septic inspecting.

[50:33] You'd perform some other due diligence on the properties.

[50:36] All right.

[50:39] Aside from just counting and zoning and asking the level uses the septic,

[50:44] then just the septic component.

[50:47] And that's component after you purchased the property.

[50:50] Did you apply for a septic permit?

[50:52] We did.

[50:53] I'm going to show you what I'm marking as exhibit 2.

[50:59] He's telling you what this document is.

[51:03] This is actually the well permit.

[51:07] We have also a subject repair.

[51:10] I'm sorry.

[51:12] All right.

[51:12] Exhibit 2 is a subject repair permit for the property is that correct?

[51:16] Yes.

[51:17] And on the back side of the show where the drainage field is on the property.

[51:21] And after you purchase the property you obtain this permit, is that correct?

[51:26] Correct.

[51:26] How many bedrooms would this septic provide for?

[51:30] Two beds.

[51:32] So you apply and receive the septic permit.

[51:34] This is a true and accurate copy of that permit.

[51:36] Is that correct?

[51:37] Yes, it is correct.

[51:38] I'd like to move exhibit two and the evidence.

[51:41] Did you also apply for a well permit?

[51:44] We did.

[51:45] I'm going to show you what I'm marking as exhibit three for identification.

[51:48] Excuse me, do you have a question?

[51:50] Yes, sir.

[51:50] It says here that the property was originally approved through the subdivision process and will require a subsequent subdivision to make it available off.

[52:03] Mr. President, may I suppose were you aware of this when you bought this law?

[52:06] No, it was not. Related to me now.

[52:10] Did you check into?

[52:12] When I called the planning and zoning, I asked what allow me to use this word, and could we build on it?

[52:18] And I was told, yes, because it was grandfathered in.

[52:20] So you were told by the planning board that it was acceptable to build on according to your recommendation?

[52:27] Not the board, it was individual that I spoke to within the planning and zoning department.

[52:33] Do you remember that individual?

[52:34] I don't.

[52:39] That kind of raises a question.

[52:41] Okay, thank you, go ahead.

[52:43] Sure.

[52:45] So, you also applied for a well-permanent is that right?

[52:49] Correct.

[52:49] I'm going to show you what I've marked as exhibit three.

[52:54] What is that document?

[52:56] This is the well-permanent.

[52:59] And does that a true and accurate copy of that well-permanent?

[53:02] Yes.

[53:03] I don't know.

[53:04] Yes, sir.

[53:05] When you're talking about the well-permanent and the safety permit,

[53:08] What information or papers did you use to be able to get this permit for the set to tank

[53:17] in for the way of the Jesus going to talk to him or how are you able to obtain this or

[53:22] to use legal documents for the need to ask for this?

[53:28] I'm not sure if we understand the question.

[53:29] How do we go about pursuing him?

[53:31] Yes, well, what information or what papers or what legal papers would you use to go into the

[53:37] So the Department did upset the permit and the web.

[53:41] We actually used Eagle Engineering and they submitted the permit on our behalf.

[53:47] Was there a survey done by Eagle Engineering for the property order to determine where to place the subject drainage field?

[53:53] That was done by a different organization to the survey was conducted, yes.

[53:57] And then you also submitted that as part of exhibit 2 on page 2 of exhibit 2, which is on the fact side.

[54:03] that survey for the approximate drainage field, that was submitted as part of the application.

[54:10] So are you saying that Eagle Engineering gave you the paperwork to be able to access these permits?

[54:16] No, they submitted them on our behalf.

[54:18] Well, that's submitted them.

[54:22] Okay, nothing was mentioned to you then about the lot size.

[54:26] That's it.

[54:27] I have one question for you, I will go any further just to satisfy something in my brain.

[54:34] You're a relative, a relative company.

[54:36] Do you, have you ever done any business in Union County or any other county in North Carolina?

[54:41] Yes, sir.

[54:41] We have, which I do want to be clear, we're a real estate investment company here.

[54:45] Okay, but are you not aware of the rules of zoning for the North Carolina and the Union County

[54:53] as to what the requirement is to build peace of house?

[54:57] That is why I call it a clarification because

[55:04] So now somebody that you don't know who was told you that you could, but now that, and then we're here, correct?

[55:13] correct? Okay. Yes. I just don't quite understand with an

[55:20] more legal paperwork that was shown how you were able to get a well

[55:24] permit and a set permit. Was there a well pre-existing on the property? Not a

[55:30] well just a set. Okay. There was a septic on the property, correct? And that

[55:35] septic had to be repaired in order to construct a home. Correct.

[55:41] Because the

[55:43] on file with union counties, that right is correct.

[55:46] And that's such a system after inspection need to be repaired.

[55:50] Yes.

[55:51] On the safety permit, or the safety permit, there was only five, where the legal

[55:56] paperwork were yet, but what we're reading here is that the normal home was put on this

[56:02] property, and it was illegal when it was put in a start-way.

[56:07] So now back in question, how did the safety take come about when the property did

[56:12] the requirements to put a mobile home unit is that kind of a, this great part of the thing

[56:18] is really bothering me because if there's not documentation, probably the land is forward

[56:26] or whatever, giving them the authority to put the mobile home unit. It's not making sense.

[56:32] Maybe I'm just not following the information that I'm hearing.

[56:35] Well, there was a septic on the property that septic need to be repaired.

[56:44] But I'm just trying to figure out if the mobile home, according to some of the reason we're

[56:49] here, the properly wasn't originally approved through the subdivision process, how will

[56:55] they have a lost in this on the surface of the safety tank on.

[57:00] And I know it was there, but there have been some mistakes in the past with the environmental

[57:05] And in the past there's been some issues with the land use board on board of adjustment or whatever on how the mobile homeless put there and just because the mobile homeless put there it just makes everything legal

[57:19] I'm not understanding now how it automatically makes it legal to go back in and build a household

[57:24] Well, and I don't necessarily I'm not certain if I can argue at the point, but

[57:33] So, what happened with Union County Environmental Health to approve that septic tank, that's not a part of his process, he was just going to repair the septic tank.

[57:47] So, we acknowledge that the property should not have been parceled off the way it was.

[57:55] The attorney and I'm not going to throw any attorneys under, but whoever parceled out that parcel of property at the time the deed was filed should have gone to planning to get a minor subdivision or whatever for that parcel of property.

[58:11] So for whatever reason that wasn't done, attorneys can all day long go and draft up deeds

[58:18] for parts of property, go to the register of deeds office, clock in that document that

[58:25] was drafted, and that parcel then has a different tax number, because tax will pick it up

[58:31] from them, register of deeds.

[58:34] Just whether the communication between the departments goes and catches it before approvals

[58:39] or, you know, something is done, I think what would have had happened or what would have had

[58:44] to happen is there should have been a code violation of some type issued for the property,

[58:51] back in when it was partialed off in 2004 for a, you know, just a violation that says,

[59:00] okay, you've got to go fix this.

[59:02] Okay, what you're saying that you admit that it wasn't right then, the census there is automatically

[59:07] right now. It's kind of what I'm here to know. We're not saying that it's automatically right,

[59:13] but now we have an existing parcel of property that has been existing in being paying taxes

[59:18] since at least about 2004, 2005, then paying taxes on this property is a separate parcel.

[59:27] And I can certainly argue it now or I can go into a little later. Let me just pull up my sheet here.

[59:34] Well, while you're looking for that, I got a question.

[59:37] Yes, sir?

[59:39] Did you say that there wasn't a whale on it?

[59:42] No, there is no whale.

[59:43] OK, so you bought a piece of property that was not a stand-alone piece of property

[59:50] for a home when you bought it.

[59:51] It had a septic tank on it, but not a whale, wasn't that a red flag?

[59:57] Because obviously, he'd ever who had the mobile home,

[1:00:00] I was having to share the water with some more else if they had water in it.

[1:00:04] Right. Could have been just. Okay, but I mean, I don't know. I mean, it just looks may like a real estate person.

[1:00:12] That had been a red flag that you was buying a fixed property that wasn't a stand-alone fixed property in the beginning.

[1:00:20] I have never encountered where something has a physical address.

[1:00:24] Well, I mean, you do know in order to have a working home that you have a safety plate or a place for your sewer to go and an input of fresh water in order for your home to function properly, right?

[1:00:42] Okay.

[1:00:42] Good afternoon.

[1:00:43] It was sourced from Mary was providing water.

[1:00:46] Okay.

[1:00:46] But what I'm trying to get at is that piece of property that you're saying, basically, needs to be grandfathered in,

[1:00:56] was never ever a function in peace of legal property for a home to begin with because it had

[1:01:03] to have a water from another source, not on that peace of property.

[1:01:09] I agree with you.

[1:01:10] You're saying that didn't raise any red flags from me.

[1:01:12] Wow.

[1:01:13] Seems to be the one that seems to be more of a similar requirement needed in the water source was provided.

[1:01:20] And, and may I just direct this board to its required findings under 80.12

[1:01:32] .12D.

[1:01:36] Point one to h. Finding number four, the hardship is not a result of the actions taken by the applicant.

[1:01:46] The applicant didn't take the actions to subdivide this property that was taken by somebody else.

[1:01:50] Okay, but wait a minute. Now, since she read that, would it not be the applicant's responsibility

[1:01:57] to make sure what they bought, didn't have the problem to begin with? If I buy somebody's

[1:02:02] problem and I know there's a problem, I automatically get forgiveness for that because I was

[1:02:07] not right. I have a quick question. And I'll come back to you in a moment and I'll read you the

[1:02:12] rest of that. I'm sure you, you, you, you testify that you do understand zoning.

[1:02:18] And in Union County, R40 means 40,000.

[1:02:24] It's great.

[1:02:26] If I could say if you could on this exhibit one, page two, this is the deed.

[1:02:35] Page two under property one, our property, I guess it's that a one or an eye

[1:02:39] I don't know, whatever.

[1:02:41] So do you read the last two sentences of

[1:02:50] that paragraph property one?

[1:02:51] Can we start after the beginning point?

[1:02:53] Uh, you can.

[1:02:54] If you want to read the whole thing, that's fine.

[1:02:56] I just need you to read the last two sentences.

[1:02:58] I believe that's what I mean.

[1:03:00] No.

[1:03:01] Right here.

[1:03:02] You're getting right here.

[1:03:03] And.

[1:03:03] Where's that's containing?

[1:03:06] And contained.

[1:03:06] Okay.

[1:03:07] Uh, beginning point and containing point five acres as shown on unrecorded

[1:03:12] plot.

[1:03:13] Uh, therefore, are there of by Carol L.

[1:03:16] Russian registered surveyer dated January 20th, 2004.

[1:03:19] So he purchased this property and I don't need to read that.

[1:03:23] It clearly says 0.5 acres.

[1:03:25] Can you build anything on 0.5 acres if it's owned or for?

[1:03:30] If something is grandfathered in which we have encountered in the middle of the house,

[1:03:34] do you have evidence that it was grandfathered in?

[1:03:37] Just what I was told.

[1:03:39] Okay, you don't know who told you that.

[1:03:40] I don't.

[1:03:42] And may I just read the rest of that paragraph as part of the required structure?

[1:03:46] Sure.

[1:03:46] Absolutely.

[1:03:47] So the hardship is not the result of the action taken by the applicant or the subject of property owner.

[1:03:53] Although the act of purchasing the property knowing that a variance may be needed or required does not constitute a self-created hardship.

[1:04:05] So the ordinance is clear. You can buy a piece of property knowing that you might need to get a variance on it, and that's okay.

[1:04:12] That's what the ordinance says. You're allowed to do that, and it should not be held against the applicant.

[1:04:18] So in this case here, it wasn't created by the applicant.

[1:04:23] There's a parcel of property there that's now parceled off has no viable use to it, as we heard from staff,

[1:04:32] that the only way forward to put a parcel or a home or anything onto this property is through a variance.

[1:04:39] And that's why we're here today.

[1:04:43] So if I make, when you apply for the building permits,

[1:04:48] did you apply for a building permit for the property?

[1:04:51] Our building company submitted our behalf.

[1:04:54] Okay.

[1:04:55] I'm going to show you what I'm marking is.

[1:04:57] Exhibit four.

[1:05:00] And is this a copy of the building permit application?

[1:05:10] And when you submitted for that building permit application, what were you told?

[1:05:17] It was declined. And it was declined because it didn't meet the size requirements, size requirements.

[1:05:24] Is that the first time that you were given notice by the county, according to your sworn testimony, is that the first time you're given notice by the county, that you would not be able to develop this property?

[1:05:34] Yes, and is this a true and accurate copy of the building permit that you submitted to the county?

[1:05:44] Yes, it is.

[1:05:45] I'd ask the semantics that it foreign to others.

[1:05:50] Now.

[1:05:53] If I could have a description, you have that correct.

[1:05:57] I believe that's the full right that there's four.

[1:05:59] You submitted four, right?

[1:06:00] Yes.

[1:06:01] Yes, sir.

[1:06:01] Make sure she has it for tagging.

[1:06:02] Yes, I've got it.

[1:06:04] And I'm Markham here and I'll get for the exact number of Markham.

[1:06:07] Thank you, sir.

[1:06:09] Thank you, sir.

[1:06:12] So, this parcel was parceled out of a larger property next door as a correct correct.

[1:06:21] When you ran into this problem, did you try to find some solutions to this problem?

[1:06:27] Anything possible?

[1:06:29] Certainly, the first thought was can we possibly obtain any more land surrounding, which

[1:06:35] It's been shared, Ms. Mary Clark, unfortunately, can't.

[1:06:38] And that is being completely horseshoe again.

[1:06:41] So now you've been asked about buying land across the street.

[1:06:43] Can that be combined?

[1:06:44] And I was told, no, it can't.

[1:06:45] That's being one continuous parcel.

[1:06:48] So we exhausted all, known having this possible.

[1:06:52] Did you also file a zoning application?

[1:06:55] We did.

[1:06:55] Now, a rezoning application.

[1:06:57] And that rezoning application was before the land use board.

[1:07:01] on February 24th, 2026, is that right?

[1:07:06] And that vote of the land use board

[1:07:08] asked to take judicial notice of the minutes

[1:07:13] of the board that was approved for a rezoning

[1:07:15] as I correct at that time?

[1:07:16] That is correct.

[1:07:18] And when it went to the County Commission Commission,

[1:07:21] that rezoning was denied, is that correct?

[1:07:24] So you're left at the piece of property

[1:07:27] that you can't buy any other additional property

[1:07:30] to combine into this, is that right? Correct. And apparently there's no appetite for a

[1:07:36] rezoning of this properties, that correct? Apparently so, it's correct. What would be

[1:07:40] the use of this property at this point? Absolutely zero.

[1:07:47] And Ms. Clark is here tonight, is

[1:07:49] that right? Yes. And I'll have Ms. Clark come up and talk.

[1:08:00] Have you decided what kind

[1:08:02] You want to put on the property?

[1:08:04] The call is a site built, so stick belt, two bedroom.

[1:08:12] I'm going to mark, exhibit five, I could.

[1:08:15] He told me what this is.

[1:08:18] This is the, the build model.

[1:08:22] So it's called the Columbus.

[1:08:24] 15, 11 square feet, with covered porters 120 to the 1431, two bedroom, two bath.

[1:08:34] That from page shows three bedrooms, is that right?

[1:08:37] That is correct.

[1:08:38] There's a second page to exhibit five as a craft?

[1:08:41] Yes.

[1:08:41] And that exhibit five shows two bedrooms as a craft?

[1:08:44] That is correct.

[1:08:45] What is the septic size allow for on that property?

[1:08:48] Two bedrooms.

[1:08:49] And you would have to have an inspection done in order to have a approval

[1:08:53] for a stick of occupancy, is that correct?

[1:08:55] Yes, correct.

[1:08:56] If the variance is granted, is that correct?

[1:08:58] Yes, correct.

[1:08:59] Is that a true inaccurate example of what you intended

[1:09:04] build on that home?

[1:09:06] That is, yes.

[1:09:07] And you're offering this for demonstrative purposes.

[1:09:10] Is that correct?

[1:09:11] And offer exhibit five into the other and says,

[1:09:14] demonstrative.

[1:09:15] Now we've heard some conversations regarding the site plan

[1:09:20] of the property, and I can pull this back up.

[1:09:22] I figured out how to build backwards.

[1:09:30] That's the yellow cyclone.

[1:09:36] And this is a copy of the new cyclone as that correct.

[1:09:40] And I'm going to show you when I'm marking as exhibit six,

[1:09:44] as I had a true inaccurate copy of the cyclone,

[1:09:48] which you intend to put on the prop.

[1:09:49] Yes, correct.

[1:09:50] And that cyclone will, it meet all setback requirements

[1:09:53] in our 40 district.

[1:09:55] It does.

[1:09:57] So you'll have all the setback, meet all the setbacks.

[1:09:59] Thanks for watching, and don't forget to like, share, and subscribe to our channel.

[1:10:00] Requirements, you'll have a septic tank, a drainage field, a well. Everything on the property is just that the property is a happening. That right, correct. And you're seeking this variance tonight in order to relieve the unnecessary hardship on the properties that right, correct. Do you feel that by granting such a variance, you would fulfill the spirit of the ordinance?

[1:10:29] But if the board grants this variance, do you believe that the granting of the variance would fulfill the spirit of the ordinance?

[1:10:38] Yes, involving grants.

[1:10:52] This property, it has its own parcel address.

[1:10:57] It does.

[1:10:57] It has its own tax address.

[1:11:00] It does.

[1:11:01] It has its own pin address.

[1:11:04] It does.

[1:11:06] This property, when you bought it, you didn't know that you would not be able to obtain any kind of variance on this property or build on this property.

[1:11:17] Is that right?

[1:11:17] There is a correction.

[1:11:20] Have you considered other uses for this property?

[1:11:24] Open to anything.

[1:11:26] If we can't build on it, I can't find any other use that we can use it for.

[1:11:31] All right, sir, thank you.

[1:11:34] If you have any questions for the Mr. Tud, thank you, ma'am.

[1:11:42] Why did you initially buy the property to build the model home that you saw?

[1:11:48] To build a home on it?

[1:11:50] Yes, sir.

[1:11:51] The same family residence.

[1:11:52] No one it takes, basically, an acre to build a house on a union county.

[1:11:59] I operate in a good faith based on what I was told, but just what I do with any county

[1:12:03] that we hope that I always call.

[1:12:05] I mean, is there any regardless of what's written?

[1:12:07] I always like to get a verified, open phone,

[1:12:11] and I always told that it was grandfathered in.

[1:12:14] Did you know that you would need to get a variant

[1:12:16] on the property to do what you wanted to do?

[1:12:18] We could have even proceeded.

[1:12:20] Wouldn't it have been worth it?

[1:12:27] Any other questions?

[1:12:35] Were there any other surveys done prior to you guys having

[1:12:37] a survey done on this property?

[1:12:39] To have made you feel like this property

[1:12:40] was previously split apart.

[1:12:43] I'd be seeing any other kind of surveys.

[1:12:46] Just the reference to the one of the D that was done for what I hadn't seen at the time.

[1:12:58] Did staff have any kind of previous surveys on file for this area of land?

[1:13:08] Thanks for the answer.

[1:13:10] I wasn't here when that's originally started, but now I don't believe we had a previous survey.

[1:13:20] Anything else?

[1:13:22] All right.

[1:13:23] At this time, if I guess you would like to bring up,

[1:13:39] let's call

[1:13:43] it.

[1:13:47] Thank you.

[1:13:49] I'm going to move this thing over a little bit so we can hear you a lot of clear.

[1:13:54] Ask you to come stand right in the middle here.

[1:13:57] All right.

[1:13:58] Can you please state your name for the record?

[1:13:59] Mary, Mike, yes, Clark.

[1:14:02] And, man, where do you live?

[1:14:04] 38, 14.

[1:14:06] Rich, some right.

[1:14:07] Okay.

[1:14:08] We're here to talk about this piece of property that was sold to

[1:14:12] Augustine properties.

[1:14:15] I familiar with that property.

[1:14:17] Yes.

[1:14:18] Yes.

[1:14:18] Is that property?

[1:14:20] Was that formally a part of the largest property of yours?

[1:14:23] Yes, it was.

[1:14:24] What?

[1:14:25] Okay, and sometime did you decide to parcel off this section of property?

[1:14:31] I did, let my son make a trailer on.

[1:14:36] Okay, so you parceled out this property for your son.

[1:14:40] Okay, and he lived in a trailer on that property is that right?

[1:14:44] Yes.

[1:14:44] We heard some questions regarding water.

[1:14:46] Do you know where he got his water from?

[1:14:48] From a whale.

[1:14:50] Okay, so he used your well, almost like as an easement.

[1:14:53] Yeah, to get water onto the properties that right. That's right. Okay, and he hit

[1:15:00] That's septic on his property too. Is that right? Yes, he put a septic again.

[1:15:06] And your son lived there for how long? How many years?

[1:15:11] I don't know, probably a couple years, and he had my granddaughter lived in it.

[1:15:17] Or there's another couple lived in it, and then my granddaughter lived in it last, and they took it all, moved in.

[1:15:24] And we heard some testimony that was about 2013.

[1:15:28] that. That's probably right. And the purpose, did you hire an attorney to help you get this

[1:15:38] parcel, parceled off for you?

[1:15:42] I don't know. I think the trailer company held it or whatever.

[1:15:47] Okay. So there was somebody else that did this for you. I hope you could do this, right?

[1:15:52] Yes. Did you know that you can not parcel off a piece of property this small and make it in our

[1:15:58] 40. I didn't know at the time. Had you known that, would you have done that?

[1:16:05] By my sister,

[1:16:09] a sign for the trailer, and that I gave him the property, to move it

[1:16:12] trailer on it. That was a big mistake.

[1:16:17] If you knew you had to give him a bigger size piece

[1:16:19] of property, would you have done that? I don't know, probably not.

[1:16:24] Well, she just said that that was a mistake. What was she referring to? She said that was a mistake when she gave him the property to move on to

[1:16:34] Well, it was just

[1:16:37] Well, it went from hand to another couple moved in and my granddaughter moved in. It was just

[1:16:43] Aggravation, you know, it really was so he regret you ever did that now

[1:16:49] in a way, yes, I have a question, these other people did you, you said the first person

[1:16:58] was your son or grandson, son, my son, did he let another couple of me be in, and then my

[1:17:05] granddaughter was the last one, and it was towed out.

[1:17:10] So was he, was that your son, did you, was it put in his name, did it become his property

[1:17:14] in his name?

[1:17:15] no. Well, how do we have a separate piece of property here? Well, my sister signed for the trailer

[1:17:22] and I let him put the property on the property.

[1:17:30] Why don't we have a separate piece of property?

[1:17:34] I don't know. Where's the title to that property? Yes, sir. The deed of the property is just

[1:17:44] There's a parcel of off in that description. I was unable to locate that record recorded.

[1:17:50] Yeah. There's some kind of recordation otherwise it wouldn't be a separate tax parcel.

[1:17:55] Mr. Doug, in your property description, in your deed references and unrecorded flat and terrible rushing.

[1:18:03] Is it your contention that was recorded to parcel that off in 2004?

[1:18:07] There was something recorded in order to create the tax,

[1:18:10] Yes, that should have been extra parts of the gear to separate P.I.N.

[1:18:17] Well, who's name was on the property that you bought it from?

[1:18:21] This goes.

[1:18:23] I mean, Mr.

[1:18:24] It was you, sir.

[1:18:27] So it was still in her name.

[1:18:32] So the property was in her name when you bought it.

[1:18:38] No, we have said my name.

[1:18:39] That's why men who sent your name when he bought it from you, but it was a separate

[1:18:43] deeded property.

[1:18:44] But the trailer company got it, got the property, I guess, to have a lean on it to get

[1:18:50] the trailer.

[1:18:51] I don't know.

[1:18:52] So the deed was in her name.

[1:18:54] That's how she would, they were able to record the taxes and record everything because

[1:18:58] that even though it was a separate deal, it was still in her name.

[1:19:02] But it was a separate tax parcel of the proposal.

[1:19:04] But it was still in her name.

[1:19:06] And you know, there's no problem with multiple parcels, right, that are separate parcels that still be in one single name.

[1:19:13] Right, I understand what you're saying, yes.

[1:19:15] Here's the issue I have with all this.

[1:19:18] I understand your point of wanting somebody to massage you.

[1:19:22] I get it out.

[1:19:23] I totally understand what you're coming from.

[1:19:26] But you've made several statements tonight in representatives.

[1:19:30] That's really flew up a lot of flags for me if what we're going to see in the future.

[1:19:34] Well, number one, a reverse mortgage company at some day will own this, other part, correct?

[1:19:44] Yes.

[1:19:45] Okay.

[1:19:46] Now, you're bringing this half acre that we've already established, shut them in there to begin with,

[1:19:54] according to the county.

[1:19:56] And a really, truly, a really, really person that nobody can think about it.

[1:20:07] Now, let's go back to the slide here. This has this whole piece of property.

[1:20:17] Right here. Right there. There you go. That cut up much stuff. What I see is, as years down the road here, you may be on it does it.

[1:20:30] says hey, this piece property here will sit your mess that we had to get a variance or a

[1:20:38] special, you know, on this piece property for this. Now we got property on the other side

[1:20:43] of it, and this side of it. And in order for this property to be usable at this point, we

[1:20:49] need to split it up some more. And then you're going to end up with a little half acre subdivision

[1:20:54] right there on that.

[1:20:58] On the parcel there. Okay, look on the other side. You got that little

[1:21:02] a land there that ain't worth a hoot for nothing, only other side of that property. Then

[1:21:07] you got there, you got to where the house is, then you got to that other part. Now, just

[1:21:12] really intrudely, let's just say that you built your house on there.

[1:21:20] Do you know how hard that piece of land for the original house would be to sale when the property

[1:21:26] or she's around the house beside of it?

[1:21:31] I don't know.

[1:21:33] I think that would not be a good Bible piece property.

[1:21:38] Somebody would want to split it up again to make it a Bible piece property.

[1:21:44] In my opinion, that's my opinion.

[1:21:47] And I've been on this board for over 20 years.

[1:21:51] But with all the respect, there's no evidence that that could happen.

[1:21:54] I'm just going by the evidence as you presented with words like hardship and all that.

[1:22:01] I'm using your words to come to this conclusion.

[1:22:05] I'll do respect.

[1:22:06] I'm using the words of your words.

[1:22:09] All right.

[1:22:10] All right.

[1:22:10] This is an ordinance that was passed by Union County goes through review by the Union County

[1:22:17] Planning Board after review by the Union County Planning Board.

[1:22:20] you can kind of claim or it then takes it to the commission, the commission then approves

[1:22:25] whatever language is added to it. But as it sits right now, the fly fighting is a fact

[1:22:32] that strict application of the ordinance will result in an unnecessary hardship. I'm sorry.

[1:22:39] Let me just finish with her, so I have her sit down.

[1:22:42] Yes, please. Would you like to have the home built on the property?

[1:22:47] Yes, I would. I would have a neighbor.

[1:22:51] All right, ma'am. That's all the questions I have.

[1:22:53] Does the board have any other questions for you?

[1:22:56] Thank you, man. Thank you, man.

[1:22:59] You have any other witnesses?

[1:23:00] No other witnesses, just a simple closing.

[1:23:02] Okay, sir.

[1:23:03] I think.

[1:23:04] Will you agree?

[1:23:05] I have one more question.

[1:23:07] Yes, sir.

[1:23:07] I think the way that ordinance was meant to be read

[1:23:10] and maybe we're reading something in it.

[1:23:12] It's not supposed to be there.

[1:23:14] Is that if I already owned a piece of property and I had a house on it

[1:23:18] And I wanted to do something to move around it.

[1:23:21] I couldn't because the hardship of the way it was set up that would be a hardship to me.

[1:23:28] Because I already owned the property already in a house, and we have ran into this before

[1:23:33] that a person owned the property, and they wanted to do something else, but they couldn't

[1:23:37] because the structure of the land was laid out to where it was a hardship.

[1:23:42] And we have had these to come before us before, but I think the way the order to be in

[1:23:47] And now I think we're reading something into that ordinance that doesn't make sense.

[1:23:56] The hardship is, if the property was already he is, and he already owned it for whatever time,

[1:24:02] and that was a building already on it, then he tried to add something to it,

[1:24:07] is where the hardship comes into it.

[1:24:09] That's my feeling, though.

[1:24:11] I mean basically what it is, he purchased a hard ship and then won't forgive this for buying a hard ship.

[1:24:19] That's like a sense.

[1:24:20] But the ordinance says that you can't hold that against the applicant.

[1:24:24] So maybe the language of that that ordinance should be changed.

[1:24:28] So I mean the ordinance say that.

[1:24:30] When there's all the active person.

[1:24:31] Does something is not smart.

[1:24:33] We just go ahead and forgive them for it.

[1:24:35] Well, the ordinance says although the active person in the property knowing that a variance may be needed or required

[1:24:40] does not constitute a self-created hardship.

[1:24:43] That's what the ordinance says.

[1:24:44] I'm not interpreting it any other way.

[1:24:46] Okay, but it says he realizes there could be a variance needed.

[1:24:51] It doesn't guarantee him a variance.

[1:24:53] It just says it could be needed.

[1:24:55] It could be needed.

[1:24:56] That's correct.

[1:24:57] Right.

[1:24:57] I'll agree with you there.

[1:25:00] Property variants may be needed, or required, does not…even if it's required, right? Is may be needed or required? One of the two.

[1:25:09] But will have been your real interest? It's not a bullet. It's one of the other. So, you have this jump too.

[1:25:17] I'm sorry. Alright, go ahead, O. Sure. So, maybe you could revote the bullet.

[1:25:22] Yep, we would argue that district application and the sortness would resolve an unnecessary hardship by an effect.

[1:25:27] The hardship is unique to the subject properly, rather than common to the neighboring properties.

[1:25:33] That's number two.

[1:25:35] This property is a half an acre.

[1:25:36] The only way you can put a whole home on is a variance.

[1:25:40] The hardship relates to conditions peculiar to the subject property rather than

[1:25:44] personal circumstances of the applicant.

[1:25:47] That's what this property is restricted to development property.

[1:25:50] You can't do anything else with this property.

[1:25:52] Try designing.

[1:25:53] You try to purchase.

[1:25:54] You can't do anything else with this property.

[1:25:56] The hardship was not to resolve the action taken by the applicant, and was not here.

[1:26:01] By granting this variance, the spirit of the ordinance will be observed,

[1:26:05] public safety, and welfare will be secured, and substantial justice will be done.

[1:26:11] I'd like to also reach from you in the ordinance 80.12A.

[1:26:17] A variance is a grant of relief to a property owner from strict compliance with regulations of this ordinance.

[1:26:24] The intent of the zoning variants is not to simply remove and inconvenience or a financial burden that may result from compliance with the applicable zoning requirements.

[1:26:34] Variances are intended solely to help alleviate an unnecessary hardship that would be caused by strict application of the subject regulations.

[1:26:42] They are intended to provide relief when the requirements of this ordinance

[1:26:47] bring to the property extremely difficult or impossible to put to reasonably

[1:26:53] use because of some unique special characteristic of the property itself.

[1:26:59] Extremely difficult or impossible to put to use.

[1:27:03] There was an ordinance chart or a rezoning chart.

[1:27:06] There was a time to purchase of additional property chart.

[1:27:11] We're here for a variance. This is the last stand in order to have some reasonable use of this property.

[1:27:18] Otherwise, it's going to send us a vacant field,

[1:27:22] a half-acre vacant field.

[1:27:25] We'd ask that this duly request that this board approve the application request of

[1:27:32] That's about 2,026, that's VAR, that's O2,

[1:27:37] approved the variance request of Augustine's properties

[1:27:41] to allow for the construction of a single family home.

[1:27:46] Thank you,

[1:27:48] sir.

[1:27:49] Any other question?

[1:27:51] Mr. Dugan?

[1:27:52] Yes, sir.

[1:27:53] I want to see it, right? Mr. Dugan.

[1:27:55] Is that correct?

[1:27:57] Mr. Dugan?

[1:27:58] Dugan?

[1:27:58] Mr. Dugan?

[1:27:59] Mr. Dugan?

[1:28:01] in your professional opinion, who created this hardship?

[1:28:07] It was the prior owner that ended up parsing off the property.

[1:28:13] I mean, without going through subdivision or without getting approval

[1:28:17] of the subdivisions, then this property is now an existence.

[1:28:21] Now what do we do with this piece of property?

[1:28:24] We either sell it as a vacant lot.

[1:28:26] We hope that somebody who buys Ms. Clark's property down the line might buy this piece of property as part of that.

[1:28:35] But you're just holding this and paying taxes on it.

[1:28:39] So the hardship was created in 2004 when a survey was done a

[1:28:47] Application was made to the tax department and they created a separate parcel on this.

[1:28:52] With that application was done by the mobile home company or not, I don't know.

[1:28:56] I wasn't there in 2004 to see him do it.

[1:28:59] But somebody before the applicant created this difficulty on this part.

[1:29:03] And that's why we're here today for this variance.

[1:29:06] Do get some use out of this part.

[1:29:09] Okay.

[1:29:11] Good.

[1:29:11] Thanks, sir.

[1:29:12] Thank you.

[1:29:13] All right.

[1:29:13] At this time, anyone else would like to speak in favor of this variance?

[1:29:18] We do have one person who signed up to speak in opposition, Mr. Mitch Griffin.

[1:29:24] If you could come forward and we will swear you answer,

[1:29:31] left hand on the Bible right hand.

[1:29:34] You swear to tell the truth, the whole truth and nothing but the truth and the matter hand.

[1:29:39] All right, sir, please just come forward and state your name.

[1:29:43] Name it's Mitchell Griffin, my wife and I own some land just down Richard Sero, we're not adjacent to the property but we're close to it.

[1:30:00] We have been neighbors with mismarried. We love mismarried. She's a good neighbor. We were kind of shocked when they did this. We don't want to be telling people what to do with their land. I don't believe in that too much unless you're causing problems,

[1:30:17] but part of our land does have joined that large field beside of it. And as we know, there is no water or solar down there. At one time, there's a 1.8-2-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1-1

[1:30:30] acre lot there we were considering building a house on but it wouldn't perk and it's just a couple

[1:30:37] hundred well maybe not a couple but a hundred and hundred and fifty feet from that lot.

[1:30:46] What really

[1:30:46] concerns us is we're afraid that we think that the one acre lot is a good road. It's good for the environment,

[1:30:57] It's good for water and wheels, but what concerns us and we've talked to some other people in the neighborhood, what concerns them is so.

[1:31:06] That half acre lot, if it's given a variance, it could be a foot and a door for that 30 acre field.

[1:31:14] I think it might be 33 acres.

[1:31:16] But can you imagine 60 houses with 60 wells and 60 set big tanks and that lot?

[1:31:24] Now I know we need to preserve our farmland.

[1:31:26] I love having that farmbed over there, but I know one of these days it may not be.

[1:31:32] But if we grant that half-faker variant state was to stop them saying, hey, we won't

[1:31:39] half-faker lots on our subdivision here.

[1:31:43] That's basically what we were concerned about.

[1:31:50] That's all I want to say.

[1:31:53] Mr. Griffin.

[1:31:54] Yes.

[1:31:54] The property you're talking about is the bigger property right behind the subject property.

[1:32:00] No.

[1:32:00] What that's the farm field is in corn right now.

[1:32:04] Yes sir.

[1:32:06] And how close the proximity do you live to Miss Mary?

[1:32:10] work for you. We own the property that's my wife's family land. We live in town, but there's

[1:32:18] a couple houses on our property, and there's people that do live there. But that one along

[1:32:25] a lot, I was had a laser cleaner. I can't show it to you, but that's what actually joins the property.

[1:32:31] But we've got that little 10 acre plot right there. It was subdivided by my wife's mom a year as you get.

[1:32:41] Anything else?

[1:32:42] All right. Thank you sir.

[1:32:44] Okay. Thank y'all.

[1:32:46] Any other questions that we need to have asked us before we close the hearing?

[1:32:52] I've got. That's what he's just saying about your.

[1:32:55] Okay. If you come forward to our police,

[1:32:58] if you're going to present evidence,

[1:32:59] I need to swear you answer.

[1:33:10] Left hand on the bottle raise your right hand.

[1:33:13] You swear to tell the truth, the whole truth,

[1:33:15] nothing but the truth, the matter hand.

[1:33:17] All right, please come forward and state your name, sir, and I'm going to need you to fill this out.

[1:33:22] There should be one up there.

[1:33:24] You'll need to fill out when you're done.

[1:33:26] Make sure you, you have to do it now.

[1:33:28] Just make sure you turn it into a script and write it.

[1:33:32] Come with me.

[1:33:33] With a microphone.

[1:33:34] I'm Rex Perry.

[1:33:35] I'm really Thomas Perry.

[1:33:37] And I'm the 160 five acres across from this.

[1:33:43] Okay.

[1:33:44] And I have a cattle farm and a sheep farm.

[1:33:46] And I have tried my best to preserve land and to hand-mobler.

[1:33:52] And I just feel that with the lack of water in this area, my

[1:33:58] wealth has gone because they built houses on the corner.

[1:34:02] And I had to be watered towel from the county water,

[1:34:06] which was a hardship made, if somebody wants to talk about hardship.

[1:34:11] Because I didn't have my wealth, when I built the house, I didn't have

[1:34:14] water and then when they built the other houses my way I went, the one's on

[1:34:19] Griffith and Richston won't rode at the corner at Allison Hillsville, which is

[1:34:24] very nice and we're very good. But anyway I just feel like this shouldn't have

[1:34:31] gotten this far. I came to the meeting in February about to the end.

[1:34:40] After hearing

[1:34:41] meeting and observing the meeting, you all said, don't take. I call him a son who at that

[1:34:46] time was a lawyer for the Department of Interior. And he said, it's a young lady to

[1:34:53] stood up here and said that she would get friends, find good friends from this Mary and put it in.

[1:34:58] He said that was a violation.

[1:35:00] I'm sorry, sorry, you can't testify as what you're saying.

[1:35:03] Yeah, yeah, I'm sorry.

[1:35:05] You can only present evidence, sorry.

[1:35:08] So fear say it's not.

[1:35:09] Okay, I'm not acceptable, sorry.

[1:35:11] We're not, I'm standing, can't.

[1:35:13] But I just feel like, and everybody's best interest,

[1:35:17] would be setting a precedent.

[1:35:18] Yes, sir.

[1:35:19] The like Mr. Griffith said that that, and that was brought up at the evening.

[1:35:25] All right.

[1:35:26] And it's going to allow it to get this far anyway.

[1:35:31] All right.

[1:35:31] And I do thank you.

[1:35:32] Thank you, sir.

[1:35:33] And I don't care.

[1:35:34] I'm not coming up.

[1:35:35] I'll be appreciate speaking.

[1:35:37] All right.

[1:35:37] Thank you, sir.

[1:35:39] Very mindable.

[1:35:40] Here's the evidence.

[1:35:41] It's not acceptable in this matter, so.

[1:35:45] Only evidence.

[1:35:48] Anything else?

[1:35:50] Anyone else?

[1:35:52] The board's classified with closed hearing?

[1:36:01] We

[1:36:06] need to look at the fines fact.

[1:36:09] Our final conclusion required for approval.

[1:36:13] Number one is the unnecessary hardship.

[1:36:16] What say the board?

[1:36:27] I hope that the denial will be because of a strict application on the minimum law

[1:36:34] requirement does not create an unnecessary hardship because the dimensional requirements of the

[1:36:40] ordinance are shared by the public as a whole and does not unfairly burden one property

[1:36:46] owner. Therefore, it does not impose a hardship sufficient to justify a variance.

[1:36:55] Can I add a light in this to look at just a different looking at it, sir? From all the evidence

[1:37:03] we heard here tonight.

[1:37:09] Really and truly

[1:37:12] Miss Mary was kind of duked in a way when the trailer

[1:37:17] company got involved and Miss got dried up the way it did.

[1:37:23] And if she still owned a property,

[1:37:25] I could see where there would be a hardship that was put on her. Now the other problem is the fact

[1:37:32] that the land that she owns around it was given to her or turned over to a reverse mortgage

[1:37:40] thing.

[1:37:44] Unfortunately,

[1:37:47] her doing that helped create additional hardship on it because

[1:37:54] can't nothing be done to the land.

[1:38:00] So I struggle with this all around because

[1:38:04] everything about this, from every party and my view, from this testimony, is

[1:38:11] self-inflicted.

[1:38:14] I mean, the land was bought. I'm not a realtor, I want to

[1:38:19] out it. The land was lighted out and it didn't adhere to the county. Somebody that we don't

[1:38:30] know told somebody it was grandfathered in.

[1:38:38] I guess struggle with all of it. Okay. So Mr.

[1:38:44] Davis, your conclusion then is that number one does not meet the requirement as an unnecessary

[1:38:50] Yeah, all right any other cut the special with the guard of that

[1:38:58] All right, so do I need a we need a motion or how you want to handle it?

[1:39:03] Yeah, you can make a motion. Okay, so we're gonna go through each one of these findings just so everybody understands these five

[1:39:08] We need to vote each one. Yeah, each one. I'll message me below the dome. So the first one you're gonna make a motion

[1:39:13] Yeah, it does not meet the requirement based on what you read that's correct. It's their seconds of that motion

[1:39:21] Okay, all in favor say aye.

[1:39:23] Aye.

[1:39:24] Any opposed?

[1:39:25] Hold on just a minute.

[1:39:31] Restate your motion.

[1:39:33] Restate the motion.

[1:39:36] If you just say does not meet your requirement based on that.

[1:39:39] Okay, the strict application of the minimum law area requirement does not create another necessary hardship

[1:39:44] because the dimensional requirements of the ordinance are shared by the public as a whole and does not unfairly burden

[1:39:51] one property owner, therefore, does not impose a hardship sufficient to justify a variance.

[1:40:00] Is that the second still stand? Okay, all those in favour of say aye, aye, any opposed? Okay, any names? Number two, the hardship is unique to the property.

[1:40:17] Okay, the hardship is not unique to the subject property because similar dimensional limitations may affect other undersized or non-conforming parcels within the surrounding area.

[1:40:31] Okay, so it's not a hardship substitute to that particular matter because it would be hardship anybody you make it a motion

[1:40:37] Yes, I did is there a second

[1:40:41] Okay, I don't know if I would say I

[1:40:43] You name

[1:40:46] Number three hardship results from conditions peculiar to the property

[1:41:03] the hardship results from conditions peculiar to the property

[1:41:07] All right again, well, it goes back the applicant has not demonstrated that the hardship results from a physical

[1:41:14] condition peculiar to the property rather than simply from the desire to develop a partial

[1:41:22] that does not meet current ordinance requirements.

[1:41:27] To add a motion.

[1:41:29] Yes.

[1:41:29] Is there a second?

[1:41:30] Sorry, if you can be specific on your motion, is that the standard is not met?

[1:41:35] Yeah, the standard is not met.

[1:41:36] Therefore, the standard is not met.

[1:41:38] No.

[1:41:38] The standard is not met.

[1:41:40] Okay.

[1:41:41] Mayors second.

[1:41:43] Second.

[1:41:43] All in favour say aye.

[1:41:46] Any buzz?

[1:41:47] Your names?

[1:41:49] Number four.

[1:41:50] Hard ship is not self-created.

[1:41:55] It is self-created.

[1:41:57] Yeah, I believe this is the easiest.

[1:41:59] Ever.

[1:41:59] Ever peaks of it is self-created.

[1:42:04] I mean, by what I'm making a official motion on that.

[1:42:06] How much emotional it?

[1:42:08] The African has not demonstrated that the circumstances creating the need for the variants are entirely independent

[1:42:14] elections taken by the property owner or predecessors in interest.

[1:42:21] Therefore, therefore, does not meet standard.

[1:42:25] That's the motion.

[1:42:25] It's there a second.

[1:42:28] All in a favor.

[1:42:29] Say aye.

[1:42:30] Aye.

[1:42:30] Any pose.

[1:42:32] Number five.

[1:42:33] Spirit of the ordinance.

[1:42:35] Public welfare and substantial judgment.

[1:42:38] Just to something.

[1:42:41] Does this make the spirit of the ordinance?

[1:42:42] I think this thing,

[1:42:49] it started out then with the trailer company, and it's gone down the

[1:42:54] same side.

[1:42:56] There's no sense of making it any.

[1:43:02] All right.

[1:43:03] So we have a motion.

[1:43:04] I'll make a motion granting the variance with underbind of the minimal modernist and there's

[1:43:16] outside as far as the surface of the surface of the surface.

[1:43:20] It's here a second.

[1:43:23] Right.

[1:43:24] All right.

[1:43:24] All right, all right, so I can put in your post, and then, this time, we will need a motion

[1:43:30] for the entire, not believe we have in here.

[1:43:38] There you go.

[1:43:39] There you go.

[1:43:41] Yeah, I'm on.

[1:43:42] So, oh, it does.

[1:43:43] It does.

[1:43:44] So we need a motion to either approve or do not.

[1:43:50] Okay, I'm not a motion to deny the request.

[1:43:53] Can I have any questions?

[1:43:55] Sorry.

[1:43:56] Is there any other discussion?

[1:43:59] All in favor say aye.

[1:44:01] Any opposed?

[1:44:02] Okay.

[1:44:02] Thank you, board.

[1:44:04] Thank you all.

[1:44:07] Thank you.

[1:44:08] Thank you.

[1:44:09] Thank you.

[1:44:10] The decision will be once it's signed.

[1:44:12] I'll be get to you guys when you need it.

[1:44:15] This time, we could take a couple minutes.

[1:44:17] I mean, that bathroom break.

[1:44:19] I'm not a man.

[1:44:26] I'm a man.

[1:44:27] I'm a man.

[1:44:28] I'm a man.

[1:44:29] I'm a man.

[1:44:29] The mic is still alive, guys.

[1:44:34] Here's it.

[1:44:35] Everybody's is.

[1:44:36] Hi.

[1:44:36] You're here.

[1:44:38] Yeah.

[1:44:38] The man in my can still.

[1:44:51] Thank you.

[1:44:52] Thank you.

[1:44:52] Why do you always go?

[1:44:53] Should we wait in the room?

[1:44:54] Do you want to go?

[1:44:58] I'll go.

[1:44:59] I'll go.

[1:45:20] I was feeling like I was like a little rude.

[1:45:30] Let's see.

[1:48:55] Yes, sir. Thank you, Mr. Green. Members of the board. This is a light industrial rezoning.

[1:49:02] You saw a very similar application last month. That was for a heavy industrial rezoning.

[1:49:10] That was withdrawn after the meeting last month and a replacement was submitted for light industrial.

[1:49:18] So we were able to get it on this month's agenda because we did pretty much all the work for this.

[1:49:24] There's just some slight tweaks that have to be done.

[1:49:27] So as was described, this is approximately 26 acres

[1:49:31] on US-601 South and there are no conditions

[1:49:34] or cyclone associated with us.

[1:49:36] This is just straight resuming.

[1:49:40] The existing conditions of it is that it is partially developed.

[1:49:46] You can see looking into the site on the right

[1:49:49] inside there is some cleared area that has some commercial equipment stored on it.

[1:49:55] There's also a little bit of construction material periodically stored there.

[1:50:00] Further back on the site, there's a one acre reclamation landfill that was permitted about six years ago, as a result of a code violation that was cleared up.

[1:50:11] It's on US-61, so it's a multi-lane road across the across US-61. You can see the commercial building related to agricultural operations and further to the south. There is a truck stop.

[1:50:27] In terms of the development status, this is where you can actually get a feel for the overall

[1:50:30] site, target road where you have the dollar general pre-zone within the last year is just

[1:50:37] down here to put things in perspective.

[1:50:40] But you do have this area cleared for equipment storage.

[1:50:45] That is in violation of RA-40 zoning, but it has occurred for quite a while.

[1:50:50] And then you have the one acre reclamation landfill in the back portion of the site, which

[1:50:55] is allowed. Otherwise, it is undeveloped. There's no housing or any other uses on site.

[1:51:04] Good, no wet lands, but there's no more.

[1:51:07] Thank you. Thank you.

[1:51:08] Thank you.

[1:51:09] Participate at the next map.

[1:51:10] Thank you.

[1:51:11] It shows the floodplain along the northern edge of the property. There is a creek as well. They can

[1:51:20] see the reclamation. Landfill may be in violation of the floodplain.

[1:51:25] And otherwise, it's forested, no other environmental features on the site.

[1:51:32] In terms of zoning, again, the CZ zoning range of the dollar general that was approved

[1:51:36] within the last year, the B4 zoning for the truck stop has been there for many years.

[1:51:42] Otherwise, it's all RA40.

[1:51:46] In terms of transportation, there's no funded improvements in this area.

[1:51:49] You have 601 is a multi-lane road carrying approximately 14,000 cars per day.

[1:51:54] and a good percent of that traffic is truck traffic.

[1:52:01] In terms of land use maps showing up as all purple,

[1:52:04] because it's an employment corridor,

[1:52:06] that's an overlay over rural residential.

[1:52:10] So, you know, the discretion of saying that rural residential is a property

[1:52:13] or that some sort of employment uses program.

[1:52:19] And in terms of schools and utilities,

[1:52:21] because it's commercial in nature,

[1:52:22] the school system was not consulted,

[1:52:23] and water and sewer are not available to the site, community meetings not required.

[1:52:29] No comments have received did have the neighbor immediately to the south come in this morning

[1:52:35] and ask questions about the rezoning. He was in an opposition too. He just wanted to understand

[1:52:40] the process and you know in relation to the latter of the fact that the heavy industrial was

[1:52:46] withdrawn and the light industrial was submitted. And normally if a rezoning is close to municipal

[1:52:52] limits, we asked for their input, but this was several miles from Monroe so they were

[1:52:57] not consulted.

[1:52:59] Lots of words here, in terms of the positives, it is consistent with the land use plan.

[1:53:05] It's also consistent with the rural land use plan, which was adopted in the last few months.

[1:53:12] The size of the land is not small, relative to the many uses that are possible for

[1:53:17] light industrial, sometimes that is a consideration, like for example, the half acre that

[1:53:22] We staff recommended denial of that was ultimately approved for highway corridor

[1:53:28] A few miles up the road from here on 601.

[1:53:33] And it is close to other business and commercial uses that have been either approved or proposed in the area.

[1:53:40] And that it in general gives more benefits than negatives.

[1:53:44] But in terms of the negatives, we always know that you're generally making a transition from agricultural to

[1:53:51] to industrial uses, and there's residential nearby,

[1:53:55] that's always a consideration.

[1:53:57] There may be some uses in light industrial

[1:53:59] that are not great for the neighbors.

[1:54:03] I do have a copy of the table of uses

[1:54:06] if we want to talk about specific uses that are allowed

[1:54:08] in the heavy industrial versus light industrial versus

[1:54:11] RA40 because it's not cumulative.

[1:54:16] Also, the NCDOT would require a driveway permit,

[1:54:19] which the applicant made may have gone through a process to to get that approved on

[1:54:27] unfortunately the DOT does not make paperwork for that so can't really say that

[1:54:32] an official driveway would be approved in its current location for that I know

[1:54:36] that was an implication that had to be worked through for the dollar general just

[1:54:40] to the South figure for example and that public water is not available as well as

[1:54:48] intensity of uses on the site. So weighing the positives and negatives, we ultimately

[1:54:55] recommended approval for this rezoning. And you're here tonight to make a recommendation.

[1:55:05] So, I'm happy to answer any questions that may have the applicant is here tonight.

[1:55:10] Well, public information, what is allowed under the light industrial?

[1:55:14] Could you read that please?

[1:55:16] Thank you for bringing that.

[1:55:17] So, light industrial, you could have a, you could have a, you could have a, you could have a,

[1:55:30] facility with a special use permit. You could have a government service facility, but that's

[1:55:35] a lot of under any zoning district. Natural resource preservation, that's a lot of

[1:55:40] under any zoning district.

[1:55:44] I'll just focus on the ones that are unique to industrial uses.

[1:55:55] The Outdoor major entertainment spectators sports would be allowed with special use for

[1:56:02] a med, as well as a bank, no, yes, thank

[1:56:11] office, sports and recreation,

[1:56:18] vehicle sales

[1:56:20] and service, so card dealerships, repair, gas station equipment and material storage with

[1:56:31] a special use permit, trucking and transportation terminals with a special use permit, warehouse,

[1:56:38] wholesale, sales and distribution, general industrial,

[1:56:44] construction and demolition, debris,

[1:56:47] recycling facility with a special use permit, landfill, construction, demolition,

[1:56:55] landfill on sites allowed under all of them. Reclamation landfill larger than an acre,

[1:57:00] so what's already going on can be expanded further, but that will prepare a special use permit.

[1:57:06] You're on the question. Yeah, that the environmental side just currently under a complaint.

[1:57:20] So, it's overstepping its bounds already by encroaching in the wetland or what's the...

[1:57:29] Well, I mean, we're just going off the aerial.

[1:57:33] We have not, a violation hasn't been filed.

[1:57:36] We're just noting that the initial one that was reported,

[1:57:40] the one acre, was outside of the floodplain.

[1:57:45] Okay. And we're not saying that the areas are exactly perfect compared to the orders of the property.

[1:57:54] So they're close, but they're not exactly perfect. So that's just something to note.

[1:58:00] That the landfill appears to be in portions of the floodplain.

[1:58:06] Who enforces your shovels that complaint?

[1:58:09] So, when asked to file one, or staff could, and that happens quite a bit, actually by the county manager, a lot of our zoning violations are actually noted by the county manager, who's a planner as well, so he knows what to look for.

[1:58:26] So, anyone can file one, but has it right now one has not been filed?

[1:58:31] Is that enough to deny this thing?

[1:58:36] The Board of Commissioners can deny it for anything provided it's a, you know, not discriminatory.

[1:58:44] But the, you know, staff, we don't, we can't consider that as a part of it.

[1:58:48] We have to look just look at the land use itself.

[1:58:50] The zoning violations are outside the process.

[1:58:52] You've had multiple rezoning's go through this process that had violations already in place for them.

[1:58:59] And one of the ways to clean it up was to fix the zoning issues

[1:59:03] through a rezoning.

[1:59:04] There may have been other issues, maybe building code,

[1:59:07] or even environmental health.

[1:59:09] But the zoning was just component, one component of that.

[1:59:14] What's the sort of things you're talking about while I go

[1:59:18] to the radical plan, the truck parking,

[1:59:19] the heavy equipment parking, going to a light industrial,

[1:59:22] let resolve that, or is it still out of compliance

[1:59:25] with light industrial?

[1:59:27] I mean, it has to go through the cyclone

[1:59:28] review process. But from a zoning perspective, it'd be okay. Okay. But to get a parking lot

[1:59:34] approved, it'd be pretty straight forward. Now, there may be some mitigation that's required

[1:59:40] in terms of, say, a stormwater pond, which is a new stormwater requirement that we may have.

[1:59:45] So, it would have to go through view and meet all those standards. But at the same time,

[1:59:51] if something's been in existence for long enough, it becomes legal not conforming in the change

[1:59:58] is really what you're only alone.

[2:00:01] So it's a bit of a gray area. We've had to look in a lot of areas over the years to determine when things that actually occurred on this site.

[2:00:11] Okay, but I guess I didn't really understand your answer. So if it goes to a lot of industrial, he's okay to continue parking his equipment and so forth there.

[2:00:21] Or does that resolve that be?

[2:00:23] I don't know.

[2:00:24] I don't know.

[2:00:25] I don't know.

[2:00:27] Because once something has been occurring long enough on a site, it becomes what's called

[2:00:32] it.

[2:00:33] We try not to use the term grandfathering.

[2:00:35] We use the term legal not performing.

[2:00:37] So if it's legal not performing, it means it's been doing it long enough in view of the public

[2:00:46] that people like us can't go and enforce a zoning violation against them because it's been

[2:00:51] done without complaints so it's considered to be acceptable in the eyes of the community

[2:00:57] that people have in my complaint. How long is long enough? It depends on how visible it is.

[2:01:02] It could be six or seven years. Which we're right at the cost of that because the person who's on the

[2:01:08] the owner is owned it for about like since 2018 and

[2:01:16] so in that in that time frame. So it'll be okay

[2:01:19] from under that. Possibly. Okay I'm just curious I didn't know if he'd have to come back and get a

[2:01:24] special use permit for that although it's not it's not a it's not a

[2:01:29] certain special use permit it's that they just have to get the

[2:01:31] cycline approved. Okay. Okay. Okay.

[2:01:36] Okay. Any other questions for

[2:01:37] we can't.

[2:01:41] Thank you. Thanks sir. That's all the applicants here now.

[2:01:44] This is man. All right, the applicant can't come forward.

[2:01:51] Mr.

[2:01:52] York. During this kind of hearing we don't have to swear you.

[2:01:55] And so I can tell us, you don't have to do that.

[2:01:59] All right, well, my name's Ryan O'Gill.

[2:02:01] Sorry that I didn't make it the last meeting.

[2:02:04] I was in the hospital, I had blood clots in my legs,

[2:02:07] and I got them in my lungs, and they put me on my back

[2:02:10] for three weeks after that, so I've been down.

[2:02:13] Well, that's the end.

[2:02:13] It wasn't, I just didn't want to show up.

[2:02:16] All right, that's the end.

[2:02:16] Like a parent that I wasn't at the last meeting,

[2:02:22] so I'm going to put you on the record.

[2:02:23] Yes.

[2:02:24] I'm glad to be too.

[2:02:26] I know you are.

[2:02:29] So I guess it's playing what's going on.

[2:02:32] Well, what I would like to do and kind of a little bit in

[2:02:36] Shockinghouse after we'll pull back from the heavy duty.

[2:02:41] Now we're going to light and go strong.

[2:02:43] I was told I can have, I can build me a shop down there to work on a

[2:02:47] it in part my equipment, which is my main goal and now I might have to go through another

[2:02:54] hood to make sure that that's legal. So I thought light industrial was going to get me

[2:03:00] where I needed to be. So I'm hoping it still is, but that's what I'd like to do. I'd like

[2:03:06] to be able to build me a shop. I don't plan on clearing them or trees or you know I know

[2:03:12] It was a neighbor and you're complaining about me burning down there and yet we burned down

[2:03:18] there.

[2:03:19] We didn't keep a fire all the time, but we did burn, but never wants to come to me and say,

[2:03:26] hey, this is in her up to my family, my wife can't breathe, ashes everywhere, next thing

[2:03:33] on the EPA showed up, but there was no fines, they said nothing they'd quit burning.

[2:03:38] until this day, that's been about two years ago where I'm a work that ain't been a fire

[2:03:42] struck down there. So I'm not there to create problems for my neighbors or nobody else.

[2:03:49] I'm a level-headed person, you come talk to me when you work anything out. So you know,

[2:03:55] but that's my goal is that I would be able to put a shop up and be able to park some trucks

[2:04:01] and traders down there. They'll be no more fires. You're talking about some stuff that

[2:04:08] may have got into the flood zone. And I'm having that checked out now. There was some concrete

[2:04:15] that got down there. It was carved in different things. We were planning on having a cross

[2:04:22] for coming and crushing it. To use the matrees and material for a parking area or whatever.

[2:04:30] But I realized after we got into this, I say, that's over the line.

[2:04:33] So we didn't have been entering clean enough and then we'll have that right-of-way

[2:04:37] state towards the delimity as, so we don't get over the line again into the, into the

[2:04:47] stirring.

[2:04:48] Well, that's good.

[2:04:48] Mr. Hanson, did you come back that distant?

[2:04:51] I mean, he's in question by doing the lines of industrial, that opened him up to do what

[2:04:55] he would just asked him to do.

[2:04:57] Yes, it is.

[2:05:00] The first step. This does not give you the right to go do all those uses. It just gives you the right to apply. You then have to submit your site plan, your site plan is to get approved. If you're going to build a building, then you're building plans.

[2:05:13] Yeah, I'm with you. I know things were changed when we're here to build a building of silt pond. We're the runoff school and how we're going to determine that.

[2:05:24] I get all of that.

[2:05:26] Quick question.

[2:05:27] He doesn't have to get special use permit for building your method.

[2:05:32] It depends on the use.

[2:05:33] Okay.

[2:05:33] When do requires special use permit?

[2:05:34] Like for working on trucks?

[2:05:36] No.

[2:05:37] Those do not.

[2:05:38] Okay.

[2:05:38] So he's just going to have to do.

[2:05:40] He's just going to have to do.

[2:05:42] You're going to submit plans for building.

[2:05:45] Yeah.

[2:05:45] Any vehicle sales and service is allowed by right.

[2:05:49] With the exception of the vehicular equipment and supplies.

[2:05:52] So that's that's more retail. Yeah, so you want to open up hot boys or oh, yeah

[2:06:00] Some other some of our bookies

[2:06:04] Oh, we can open up but you can't open up

[2:06:09] You can't open up in the car supply store got you because that's retail

[2:06:13] So yeah

[2:06:15] I was a blind for what he wouldn't have to have any other right

[2:06:20] Yeah, that's what I'm like sure, clarify that. Okay, so you're gonna have to jump through

[2:06:26] like anybody would feel something but yeah, you're not gonna have to get into the permit or

[2:06:30] especially you. Yeah, sir, I'm trying to get where I can get started with it and this is my first day of

[2:06:37] precession work that you haven't played in everything that could be easier to jump through, it's not

[2:06:50] Yeah, I think you've answered my questions,

[2:06:56] and it looks like your goal is to clean up and

[2:06:59] be conforming with the real reality.

[2:07:02] You're warning, and there was a lot of pipe and stuff got stored, we're cleaning everything up.

[2:07:08] Yeah, it's going to look like a different place down there.

[2:07:11] All right.

[2:07:13] Yeah.

[2:07:13] Yes, sir.

[2:07:14] I'll ask you a further analysis to go back to where you're going.

[2:07:18] Well, he wasn't here when it started, so you.

[2:07:23] All right.

[2:07:23] Any other questions for anything else need to be answered?

[2:07:29] Anybody got any questions?

[2:07:30] Please, now.

[2:07:32] Well, let me know.

[2:07:33] Thank you, Mr. York.

[2:07:34] Thank you.

[2:07:34] Glad to see you up and running around.

[2:07:37] Thank you.

[2:07:39] All right.

[2:07:40] All right.

[2:07:41] Do I have a motion there?

[2:07:42] Yeah.

[2:07:42] I might have a motion.

[2:07:43] All right.

[2:07:52] Okay.

[2:07:52] All right.

[2:07:56] Here's your second.

[2:07:58] Okay.

[2:07:59] Any other discussion?

[2:08:00] Hearing none all the favour say aye.

[2:08:03] Any pose?

[2:08:04] All right.

[2:08:05] You'll go to the county commissioners now and talk to them.

[2:08:08] I appreciate it.

[2:08:10] We're recommending it, but I don't mean they have to do it.

[2:08:14] All right, folks, what we got next, planning staff report, just to be honest still talking

[2:08:22] don't worry, John, are you guys there?

[2:08:27] Mr. Chair, Mr. Chair, Mr. Chair, Mr. Chair, Mr. Chair,

[2:08:36] Mr. Chair, Mr. Chair, I hope you have

[2:08:38] a time to cut off over that couple months that's all.

[2:08:41] I'll make sure he's there.

[2:08:43] All right, all right.

[2:08:44] All right.

[2:08:44] I hope I've got to make some up.

[2:08:45] I don't think I will this month.

[2:08:46] Any other comments?

[2:08:49] Hearing none, do I have a motion to adjourn?

[2:08:52] Second.

[2:08:53] All in favor say aye.

[2:08:54] Aye.

[2:08:54] Opposed.

[2:08:55] All right.

[2:08:57] Thank you everyone.

[2:08:58] Thank you.

[2:09:00] Appreciate you.

[2:09:29] Tomorrow night, they're just going to chew on all of the points assignments for the different projects to get funded.

[2:09:36] I will tell you, the big one for uni county for uni to go for happy bridge is the two intersections in Hempie Bridge right there by the bridge restaurant.

[2:09:47] Straddling the creep, that is a, that project is very competitive, scoring well, and a lot of people from the public comment to favorably on it.

[2:10:02] Yeah, it is. It's unsafe. It's congested. Frankly, not very attractive. I mean, it floods. There's a lot of reasons to do it.

[2:10:32] I'm just worried about the water, don't you?

[2:10:35] Yeah, you did it all, but he doesn't know what to say.

[2:10:38] Didn't you offer the power, was it?

[2:10:40] Oh, yeah, it's just you offered the power, but it comes in a little jilt, isn't it?

[2:10:45] Yeah, it's a little jilt, it's a little jilt, isn't it?

[2:10:46] All right, come on, tell me a second.

[2:10:49] That place needs to be attached to the water.

[2:10:51] That's it.

[2:10:53] What do you want to do with the water?

[2:10:55] I want to do it with the water.

[2:10:56] I don't know how to do it, but I don't know how to do it.

[2:10:58] You're at it.

[2:11:07] Yeah, normally it's like Jason's belly here or something like that.

[2:11:12] But yeah, if you go with thanks, Steven,

[2:11:17] the one you have, thanks, Steven, city council members, have therapy.

[2:11:32] Yes, I hope you can help me understand this one, all right, that's like a really important deal, if you just can't over stay on board.

[2:11:40] There's going to be a lot of next month.

[2:11:43] I'll be there then.

[2:11:46] Tell somebody just to, oh yeah they've got to think of it.

[2:12:10] What is there?

[2:12:11] That's the way it's going.

[2:12:13] What is there?

[2:12:13] Two oxmen.

[2:12:14] Two oxmen.

[2:12:16] Two oxmen.

[2:12:18] You have to be there.

[2:12:23] One oxmen.

[2:12:27] Two oxmen.

[2:12:29] Two oxmen.

[2:12:31] Two oxmen.

[2:12:32] Two oxmen.

[2:12:33] Two oxmen.

[2:12:34] Two oxmen.

[2:12:40] I think they didn't completely get before they, you said it, but I don't think they

[2:12:46] completely understood it.

[2:12:48] That the lot was like just to think.

[2:12:54] How do you get, how do you feel when they, I don't think, I don't think so.

[2:12:59] I don't think so.

[2:12:59] I don't know.

[2:13:00] I don't know all that.

[2:13:01] Transpire is a very little lot of the first question.

[2:13:04] You could feel bad for it, but the other thing is you could get up 15,000 bucks for nothing.

[2:13:11] Yeah.

[2:13:12] I'm going to spell it.

[2:13:13] She's a lot better wild, obviously.

[2:13:15] It doesn't need to be still count.

[2:13:18] No longer.

[2:13:19] To be just legal, we don't have a real, appropriate size of course.

[2:13:25] I feel like the, I know that they've probably lived a bit of environmental oil.

[2:13:30] These days, something on their application that almost is a purgable of well or set that

[2:13:36] is not considered to be a bill of law.

[2:13:39] Because they kept it well, they got it for you for it.

[2:13:45] I don't mean it for you.

[2:13:48] But I would be interested in it.

[2:13:51] They'd write it in the next few minutes.

[2:13:54] Do you mean you write this for another?

[2:13:56] Sure.

[2:14:04] And we're going to put that to you.

[2:14:06] We're going to read it today.

[2:14:07] Yeah.

[2:14:07] Can you apologize?

[2:14:09] Yes.

[2:14:10] But who?

[2:14:11] That?

[2:14:12] We sure is.

[2:14:13] Yeah, the first time I did it, I paused it, because I started it, just to be sure it worked.

[2:14:21] Like you can see your phone that says I'm not paused it, and then I started it again.

[2:14:24] Or maybe I stopped it, and I started it again.

[2:14:26] And that like triggered it, rippling to like the next schedule needed.

[2:14:31] Oh, he didn't even have it turned on to do me in this.

[2:14:36] Nothing.

[2:14:40] I would think it would be easy to do.

[2:14:42] Yeah.

Land Use Board on 2026-08-18 6:00 PM

Agenda

Transcript