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.]
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