AGENDA CLAYTON BOARD OF ADJUSTMENT APRIL 15, 2015 6:00 P.M. CLAYTON TOWN HALL 111 East Second Street, Clayton NC I. ROLL CALL II. III. IV. ANNOUNCEMENT OF QUORUM / VOTING MEMBERS ADJUSTMENTS TO AGENDA APPROVAL OF MARCH 18, 2015 MINUTES V. SWEARING IN OF PERSONS WISHING TO TESTIFY VI. NEW BUSINESS A. 15-06-02-VAR Clayton Animal Hospital Variance Request to move dumpster from the center of the lot to new location behind the building. VII. OLD BUSINESS VIII. REPORTS/PUBLIC COMMENT IX. ADJOURN
MINUTES OF THE TOWN OF CLAYTON BOARD OF ADJUSTMENT MARCH 18, 2015 A regular meeting of the Town of Clayton Board of Adjustment was held on Wednesday, March 18, 2015, at 6:00 PM in the Town Council Chambers, 111 East Second Street. Board members present: Tom Medlin (TL), Matt Orlowski (TL), Matt Evans (TL) [Vice Chair], Mark Helmer (TL) [Alt], Bill Wenzel (ETJ) [Alt], Johnny House (ETJ), and Gary Jewell (ETJ). Staff present: Jay McLeod, Town Planner; Rebecca Powers, Clerk to Board; Stacy Beard, Public Information Officer; Jamie Schwedler, Town Attorney. I. CALL TO ORDER: Matt Evans called the meeting to order at 6:04 PM. Roll was taken. II. ANNOUNCEMENT OF QUORUM/VOTING MEMBERS: Matt Evans announces that a quorum is present. Two board members are absent, but both alternates are present so all members will vote tonight. III. ADJUSTMENTS TO THE AGENDA: Matt Evans asks if there are any adjustments to the agenda. It was noticed before the start of the meeting that the applicant for the Clayton Animal Hospital Variance is not present. Matt Evans decides to table the item and postpone it until the April 15, 2015 meeting. Jamie points out that there is also no one in opposition of the request present either. IV. APPROVAL OF JANUARY 21, 2015 MINUTES: Jay McLeod moves on to the approval of the January 21, 2015 minutes. Matt Evans motions to approve the minutes from the January 21, 2015 meeting. Tom Medlin seconds the motion and it passes unanimously at 6:06PM. V. SWEARING IN OF STAFF AND ALL PERSONS WISHING TO TESTIFY: Matt Evans states that no one will be testifying tonight. Jay confirms.
VI. NEW BUSINESS: A. Adopt Board of Adjustment Rules and Procedures Jay moves on to the only other order of business for the night, which is the approval of new rules and procedures for the board. Matt Evans asks if there are any comments about the item. Mike Orlowski makes a motion to approve the new Board of Adjustment Rules and Procedures. Mark Helmer seconds the motion and it passes unanimously at 6:07PM. VII. OLD BUSINESS: Jay McLeod states that there is no old business to address tonight. VIII. REPRORTS/COMMENTS: Jay McLeod states that there are no other reports and since no community present at the meeting there are no comments either. IX. ADJOURN: Matt Evans makes a motion to adjourn. Mike Orlowski seconds the motion and it passes unanimously at 6:07PM. Duly adopted this 15 th day of April 2015 while in regular session. X Donna White Chair to the Board of Adjustment ATTEST: X Rebecca Powers Clerk to Board of Adjustment
Town of Clayton Planning Department 111 E. Second Street, Clayton, NC 27520 P.O. Box 879, Clayton, NC 27528 Phone: 919-553-5002 Fax: 919-553-1720 Board of Adjustment February 18, 2015 STAFF REPORT Application Number: 15-06-02-VAR Project Name: Clayton Animal Hospital dumpster location variance NC PIN: 165920-80-6968, 165920-80-7878, 165920-80-8860 (Tag: 05018002A, 05018022, 05018002 Town Limits/ETJ: Town Limits Agent/Applicant: Ben Proutey, Proutey Construction LLC (bproutey@nc.rr.com) Owner: Michael Bagley (debra@claytonanimalhospital.com) PROJECT LOCATION: The property is located at 11058 US Hwy 70 W, Clayton, NC (Clayton Animal Hospital), within Town Limits. REQUEST: The requested variance is to move the dumpster location from the middle of the site to the back, positioning it behind the parking in the northwest portion of the site. The applicant is requesting a variance from the 10 rear setback for accessory uses and the minimum 50 residential setback for a dumpster and its enclosure as indicated on the enclosed map. The proposed variance is as follows: UDC Section Requirement Variance Request 155.402(G)(2)(d) All service areas shall be located a minimum of 50 feet away from any residentially-zoned property line. variance) 155.308(B)(2)(c) No accessory structure can be within 10 feet of the property line Place dumpster 5 feet from rear property line, which is abutting residential (45 foot Place dumpster 5 feet from rear property line (5 foot variance). SITE DATA: Acreage: 1.45 acres 63,162 square feet Present Zoning: B-3 Proposed Zoning: Existing Use: Same General Office
Impervious Surface: N/A STAFF ANALYSIS AND COMMENTARY: The parcel currently has a dumpster located in the middle of the site. The approved location is not ideal and creates impaired vehicular circulation. The applicant proposes to relocate the dumpster to the rear of the site, where it will be located within 5 feet of the rear property line. This requires a variance to two separate setback requirements: one prohibiting service areas within 50 feet of residential property, and one prohibiting accessory structures within 10 feet of property lines in B-3. The dumpster will be located in an enclosure that will shield the dumpster from view from adjacent property. The new location provides additional parking closer to the main entrance of the business, and increased aesthetic appeal for the site from US HWY 70 Business West. FINDINGS: When considering a Variance application, The Board of Adjustment shall consider specific Findings of Fact. A Variance which fails to meet any of these Findings shall be deemed adverse to the public interest and shall not be approved. The applicant has addressed the findings expressly established by Chapter 155.716 of the UDC. The applicant s Findings of Fact are incorporated into the record as an attachment to the Staff Report. CONDITIONS OF APPROVAL: 1. Dumpster will be screened as provided in the application. ATTACHMENTS: 1. Findings of Fact 2. Application Materials 3. Aerial and Zoning Map 4. New Dumpster Location and Dumpster Screening Rendering
Aerial Map Current Zoning Map FAYETTEVILLE ST O-I FAYETTEVILLE ST JONES CIR R-8 JONES CIR B-3 B-3 0 100 200 Feet US 70 BUS HWY W 0 100 200 Feet US 70 BUS HWY W Clayton Animal Hospital Variance Applicant: Proutey Construction LLC, c/o Ben Proutey Property Owner: Michael Bagley Parcel ID Number: 165920-80-6968, 165920-80-7878 Tag #: 05018002A, 05018022 File Number: 15-06-02-VAR ± Legend Clayton Animal Hosp. site US 70 BUS HWY W Vicinity Map FAYETTEVILLE ST PAGE ST HAMBY ST BARBOUR ST Produced by: TOC Planning Disclaimer: Town of Clayton assumes no legal responsibility for the information represented here. 02/04/2015 Document Path: O:\PLANNING\BOARD OF ADJUSTMENT\BOA 2004-2015\BOA 2015\15-06-02-VAR Clayton Animal Hospital - dumpster\maps\staff Report Map 15-06-02-VAR.mxd LOMBARD ST REGENCY DR 0 0.05 0.1 Miles