IREDELL COUNTY DEVELOPMENT SERVICES
Planning Division
VARIANCE STAFF REPORT
BOA CASE# 160915-3
STAFF PROJECT CONTACT: Rebecca Harper
EXPLANTION OF THE REQUEST
The applicant is requesting a Variance per Chapter 3, R 47 of the Iredell County Land
Development Code in order to allow an existing kennel to remain 75 feet from the
property line (150 feet required) and 298.52 feet from the nearest residence (500 feet
required) and to be located on a road that does not meet the minimum requirements
for acceptance and maintenance by NCDOT.
OWNER/APPLICANT
Owner:
Jamal & Charity Hamka
193 Volt Circle
Statesville, NC 28677
PROPERTY INFORMATION
LOCATION: 193 Volt Circle in Statesville, NC;
more specifically identified as PIN 3793624580.
DIRECTIONS: Highway 70 west, right on Deer
Trail Road, right on Volt Circle, on the corner of
Ponokah Lane.
SURROUNDING LAND USE: This property is
surrounded by residential uses and vacant
land.
SIZE: The property is 14.62 acres.
EXISTING LAND USE: The property currently has
a house and kennel operation on it.
ZONING: The property is currently zoned RA
(Residential Agricultural).
Agent:
Bedford Cannon, Attorney
140 E. Water Street
Statesville, NC 28677
FINDINGS OF FACT
1. The request is for a Variance per Chapter 3, R 47 of the Iredell County Land
Development Code in order to allow an existing kennel to remain 75 feet from the
property line (150 feet required) and 298.52 feet from the nearest residence (500
feet required) and to be located on a road that does not meet the minimum
requirements for acceptance and maintenance by NCDOT.
2. The property is 14.62 acres located at 193 Volt Circle in Statesville, NC; more
specifically identified as PIN 3793624580.
3. The property is currently zoned RA (Residential Agricultural).
4. The application was filed on 8/15/16.
5. The adjoining property owners were notified on 9/2/16.
6. The property was posted on 9/1/16.
STAFF COMMENTS
The Planning Division was made aware of this existing dog kennel by way of a complaint
from a neighbor. The applicants provided a survey of the site and found that there were
three of the criteria for kennels that they could not meet. The kennel facility does not
meet the setback from the property lines, the setback from the nearest residence, nor
the requirement for frontage on a road that can be accepted and maintained by
NCDOT. The applicants purchased the property in 2013 with the building already on the
property.
EXIHIBITS
Staff Exhibit 1.
Variance Application
Staff Exhibit 2.
Survey
Staff Exhibit 3.
Chapter 3, R47
Staff Exhibit 4.
Adjoining Owners and Zoning Map
Staff Exhibit 5.
2014 Aerial Map
Staff Exhibit 1
Staff Exhibit 2
Staff Exhibit 3
Chapter 3: Performance Requirements
R 47Kennels, Commercial
A. Commercial kennels in the AC, RA, and RU-R districts shall meet the following criteria:
1. Minimum lot size shall be as follows:
1 to 10 animals
11 to 20 animals
21 to 30 animals
5 acres
6 acres
7 acres
For each additional acre beyond seven (7) acres, an additional ten (10) animals
may be permitted. The minimum lot size requirements may be waived if a kennel
is constructed to entirely enclose all kennel facilities so as to adequately protect
all animals from weather extremes and to protect adjacent residences from noise,
odors, and other objectionable characteristics, provided all building setback
requirements are in accordance with subsection (c) below.
2. All lots on which a kennel is located must have frontage on an existing street or a
new street that meets the minimum requirements for acceptance and
maintenance by the North Carolina State Department of Transportation.
3. All structures and outdoor runs shall have minimum front, side, and rear yards of
150 feet. There shall be a separation of at least 500 feet between residences on
adjoining tracts and any building used for kennel operation.
4. Sewage disposal system and sanitation control methods as approved by the
Iredell County Board of Health shall be required for all kennels. (This provision shall
include, but shall NOT be limited to, the sanitary removal or disposal of solid waste,
carcasses, or any other items deemed necessary for removal or disposal because
of unsafe or unsanitary conditions by the Health Department.)
5. Screening is required when adjoining either residentially or commercially zoned
property and must meet the criteria in Section 5.2 concerning screening device
and parking lot landscaping.
Variance Worksheet
Finding
Reasons/Evidence
There are special
circumstances or
conditions affecting the
property such that the
strict application of the
provisions of the
Ordinance would
cause unnecessary
hardship.
True: [If true, state the facts that make it true.]
The circumstance
giving rise to the need
for the variance are
peculiar to the parcel
and are not generally
characteristic of other
parcels in the County’s
jurisdiction.
True: [If true, state the facts that make it true.]
The hardship suffered is
NOT a result of the
applicant’s or property
owner’s own actions.
True: [If true, state the facts that make it true.]
False: [If false, state the facts that make it false.]
False: [If false, state the facts that make it false.]
False: [If false, state the facts that make it false.]
The granting of the
variance will be
consistent with the spirit,
purpose, and intent of
the Ordinance, such
that public safety is
secured and substantial
justice is achieved.
True: [If true, state the facts that make it true.]
False: [If false, state the facts that make it false.]