December 2024 Board of Adjustment Minutes

10 MINUTES OF THE JOHNSTON COUNTY BOARD OF ADJUSTMENT Wednesday , December 18 , 2024 3 00 pm The Johnston County Board of Adjustment met on Wednesday , December 18 , 2024 at 3 00 pm in the Johnston County Library Conference Room , located at 305 E Market Street , Smithfield , NC with the following members Present Ernest Allsbrook , David Barefoot , Flint Benson , Craig Jones , Jason Wenzel Also Present Braston Newton Planning Director , Cameron Taylor Zoning Enforcement Officer , Jennifer Slusser County Attorney Absent None The meeting was called to order at 3 00 pm by Chairman Jones Upon a motion by Mr Barefoot , seconded by Mr Wenzel and carried by a unanimous vote of 5 - 0 , the December 18 , 2024 Board of Adjustment meeting was called to order Approval of Minutes Upon a motion by Mr Benson to approve the October 30 , 2024 Board of Adjustment minutes , seconded by Mr Allsbrook and carried by a unanimous vote of 5 - 0 , the October 30 , 2024 minutes were approved as presented All speakers were sworn in Chairman Jones opened the public hearing Mr Newton stated that Case 24 - 14 had withdrawn from the meeting’s agenda Case 24 - 13 Parcel ID 11M05036G Address 10369 NC Hwy 96 North , Zebulon , North Carolina 27597 Property Owner Cattail Family , LLC Petitioner F Norwood Thompson Petition Request Requesting a variance of 25 feet on the minimum required NCDOT right - of - way setback of 40 feet Mr Newton introduced Case 24 - 13 by stating the above information Mr Newton referenced Section 14 - 80 d 1 of the Johnston County Code of Ordinances with regards to minimum building setback requirements in the Community Business District CB Mr Newton referenced the survey site plan submitted by the Petitioner Mr Newton asked that the materials in the Board’s packet , including the staff report , be entered into the record Mr Newton spoke about the variance request and that it was needed for a pedestrian bridge Mr Newton stated that the request was for a variance of 25 feet , so it would be encroaching by 25 feet with a setback of 15 feet from the edge of right - of - way Mr Newton stated that it is part of some proposed improvements and a change in use of the property in process and part of a rezoning , but that the bridge is intended to be constructed either way 1PageMr Allsbrook asked about a Class B buffer designated on the site plan and if it was the property right - of - way Mr Newton responded that the site plan was associated with a rezoning and not pertinent to this request , but that the buffer was a required street buffer with regard to the change in use of the property Mr Allsbrook asked about the highway right - of - way Mr Newton responded that the edge of the NCDOT right - of - way was the dashed line shown on the site plan Mr Allsbrook asked if the request was for 15 feet off of the right - of - way line Mr Newton confirmed Mr Allsbrook asked about the required setback Mr Newton responded that the current standard is 40 feet Mr Norwood Thompson , 203 Portofino Dr , Clayton , NC , Petitioner , explained the petition request Mr Thompson stated that the Mill had been in use since the 1930s Mr Thompson stated that most of the parking will be on the other side of the road where a store was previously located Mr Thompson stated that it is dangerous to walk alongside NC HWY 96 to then cross to the other side Mr Thompson stated that they had bought a used pedestrian steel bridge from the Town of Cary Mr Thompson stated that the reason for the location was to not block the view of the water going over the dam for cars passing by Mr Thompson stated that the columns will go into the bedrock and moving it towards the Mill House creates an obstacle Mr Thompson presented pictures of other pedestrian bridges located off NC HWY 42 in the Flowers area Mr Thompson stated that it is a safety and visual issue Mr Thompson stated that they are redoing the Mill House Mr Thompson stated that the purpose of the bridge is so that people can get across to the Mill House safely back and forth Mr Thompson stated that the bridge is wide enough for a golf cart Mr Allsbrook asked about the location of the Mill House Mr Thompson responded that the Mill House sits 100 on top of the dam over the water Mr Thompson stated that they have worked to ensure the strength of the dam Chairman Jones asked Mr Newton if the variance request only pertained to the bridge Mr Newton and Ms Slusser confirmed Mr Allsbrook asked about the reason for why the bridge needed to be so close to the road 2PageMr Thompson responded that there were two reasons Mr Thompson stated that they did not want the bridge to block the view of the dam and water from the road Mr Thompson stated that the bridge would be on bedrock for fastening down instead of on dirt Mr Thompson stated that there are three culverts on NC HWY 96 and the bottom of the bridge will be one foot higher than the concrete of the culvert , so people driving by should be able to look over the bridge to see the Mill House Mr Allsbrook asked about what was preventing them from moving the bridge further away Mr Thompson stated that there was a building there and pointed it out on the site plan Mr Thompson stated that it drops off and the bridge is 90 feet long Mr Thompson stated that aesthetically and practically the proposed location makes sense Mr Allsbrook asked if it was for aesthetics Mr Barefoot asked if there would be a difference in the foundation if the bridge was moved Mr Thompson responded that it would still be bedrock , but that the bridge is not long enough Mr Barefoot asked if they would have to add to the bridge Mr Thompson responded that they couldn’t add to the bridge and would just need to forget it Mr Thompson discussed the site plan and where parking lots would be located Mr Barefoot asked how people would travel around the site Mr Thompson responded that there would be a walkway Mr Thompson stated that the bridge is 12 - 14 feet high Mr Barefoot asked if the bridge would be above the 100 year flood plain Mr Thompson responded yes Mr Wenzel asked if the bridge was to get the people from the parking lot to the other side to the boat ramp Mr Wenzel asked if the bridge was to get the people over the wetlands Mr Thompson responded that the bridge was going over the creek Mr Thompson stated that it made sense to secure the bridge into the bedrock and to not block the view of the water Mr Thompson stated that they intended to put a water wheel on the edge of the Mill House Mr Allsbrook asked about the distance of the bridge from the pavement of the highway Mr Thompson responded about another 10 feet or so Mr Allsbrook asked if the bridge would be about 25 - 30 feet from the road 3PageMr Thompson stated that there is a concrete guardrail Mr Allsbrook asked about the distance of the bridge from the guardrail Mr Thompson responded that the bridge would be about 15 - 20 feet from the guardrail There was no further discussion Mr Benson stated that with regards to Case 24 - 13 , the Board can conclude that strict enforcement of the ordinance would result in an unnecessary hardship to the Petitioner , and by granting the variance , the intent of the ordinance will be observed , public safety and welfare secured , and substantial justice done Mr Benson made a motion to grant the variance of 25 feet on the minimum required NCDOT right - of - way setback of 40 feet , seconded by Mr Barefoot ; Case 24 - 13 was approved with a vote of 4 - 1 at the December 18 , 2024 Board of Adjustment meeting , with Chairman Jones dissenting Case 24 - 14 Parcel ID 08K13050 Address 2900 Devils Racetrack Road , Four Oaks , North Carolina 27524 Property Owner Stewarts Chapel PFWB Church , Inc Petitioner Stewarts Chapel PFWB Church , Inc Tony Capps Petition Request 1 Requesting a variance of 25 feet on the minimum required NCDOT right - of - way setback of 40 feet 2 Requesting a variance of 2 feet 6 inches on the maximum sign height of 6 feet Case 24 - 14 was withdrawn from the meeting’s agenda Chairman Jones closed the public hearing Mr Allsbrook asked about procedures and the vote at the last meeting Chairman Jones responded that the vote at the last meeting was two against and three in favor , so the vote did not meet the required four - fifths vote to pass Mr Newton stated that the requirement is a four - fifths vote to pass Secretary Gay asked for clarification regarding the vote for Case 24 - 13 Chairman Jones responded There being no further business , Mr Benson made a motion to adjourn , seconded by Mr Allsbrook and carried by a unanimous vote of 5 - 0 4PagePage pageNumber5The meeting was adjourned at 3 18 pm __________________________________ Jason Wenzel , Vice - Chair __________________________________ Jodie Gay , Secretary to the Board 5Page