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HomeMy Public PortalAbout1.24.1983 Joint Public HearingMayor I -rank H. Sheffield, Jr. Commmissiune rs Lynwood J. Brown Horace H. Johnson Allen A. Lloyd ReMLIS J. Smith Rachel H. Stevens December 29, 1983 Tobun of 30ftldorougb HILLSBOROUGH, NORTH CAROLINA 27278 To: Keith Coleman, News of Orange�lt From: Kay Maltbie,' Zoning Officer Town Clerk Agatha Johnson Supt, lVater Works C. L. Rosemond Street Supt. L. D. Wagoner Chief of Police Arnold W. Hamlett Please publish the following advertisement for our Public Hearing within a box and as close to the front of the paper as possible. The ad needs to appear in the January 4th and Januarv' 11th editions of the News of Orange. � *tit,; AV,4 "1LU�r PJ PUBLIC HEARING - January 24, 1984 Notice is hereby given of a Public Hearing to be held at 7:00 P.M: on January 24, 1984, Tuesday, at the Hillsborough Town Hall Complex. The purpose of the hearing is to receive public comments on three rezoning requests and proposed additions and amendments to the Hillsborough Zoning Ordinance. The proposed addition to the ordinance put forward by the Planning Board would create an Office -Institutional District. Setbacks, permitted uses, parking, signs and lot size and dimensions are described in detail and are available at the Town Hall. Rezoning requests are as follows: John M. Roberts'request for Tax Map 40, Block A, Lot 4B to be changed to General Commercial from Agricultural -Residential. This lot is 2.04 acres and is just east of General Commercial property on South Churton Street. It is east of Bradsher's Used Car lot and south of Southern Railroad. A baseball field joins this property to. the east. Robert Lucas' request for Tax Map 12, Block E, Lot 37 to be rezoned from Residential - 10 to General Commercial. This lot is .285 acre and is located at the southwest corner of Highway 70 and Short Street. It is just east of property zoned General Commercial, the former Bait and Tackle Shop. Residential zoning is located to the south, east and northeast of the lot with General Commercial located to the northwest and west. Theodore and Sharon Freeland's request for Tax Map 19, Block A, Lot 10 to be rezoned from Residential - 20 to Office -Institutional. This lot is about 20,000 square feet and is located on the south side of Corbin Street just west of the Auto Repair -busi- ness at the corner of Corbin and Churton Streets. Amendments to the ordinance are proposed by Kenneth Chavious to allow subdivision of land where existing buildings would not meet the yard and setback requirements and so that a nonconforming structure could be used for any use permitted within that district, provided the dimensional nonconformity was not increased. Information on this proposal is available at the Town Hall. PUBLIC HEARING - January 24, 1984 Held by the Hillsborough Town Board and Planning Board TOWN BOARD MEMBERS PRESENT: Rachel Stevens, Mayor Pro -Tem, Allen Lloyd, Horace Johnson and Remus Smith. PLANNING BOARD MEMBERS PRESENT: Myron Martin, Chairman, Hilda Brody, Rick Cannity, Nancy Goodwin, John Dorward, Tarleton Davis and Evelyn Poole -Kober. OTHERS PRESENT: Robert Lucas, Kenneth Chavious, Clyde Whitted, Sherry Freeland and Theodore Freeland. Dr. Stevens called the meeting to order at 7:00 P.M. Stevens turned the meeting over to Martin, who announced that the purpose of the hearing was to receive public comments on three rezoning requests and proposed additions to the Hills- borough Zoning Ordinance. Martin noted that the reason that the Planning Board had recommended the addition of an Office -Institutional Zoning Section was that people have come in wanting an Office -Institutional District rezoning, which is not in the ordinance. The people were referred to General Commercial which would open up areas to uses which the applicants were really not interested in; so there ._is a need for the proposed zone. Maltbie read the proposed office institutional regulations. Smith said that he was in accord with the need for such a zone, but questioned the setbacks. On a 5,000 square foot lot, a building could be 584'square feet. On.. a 65 by 75 lot (4,875 sq. ft.) the building could be 15 by 35 feet. He said that the buildable area was too small. Martin noted that the proposed setbacks were related to the revisions to be proposed and to the tightening up of the ordinance that the Planning Board had been directed to do. He asked Cannity to provide additional information. Cannity said that all of the requirements in the Zoning Ordinance are addressed toward the minimum. In addition to the building, you also need to have room for off-street parking. On a 5000 square foot lot, you would be hard pressed to get the off-street parking and a building on the lot, but we are trying to provide as much flexibility as possible and still maintain the character of the Town and provide for setbacks which will provide character in keeping with the residential areas which we expect the office -institutional district to come up against. What we are doing is splitting the difference between the General Commercial and the Residential districts. The Office -Institutional would be a buffer between high intensity General Commercial and low intensity Residential. These are all minimums. Most people wanting a rezoning to this district would have much larger lots than 5000 square feet. Stephens asked the size of the Singer -Mold lot. Cannity said it was an acre. (Actual was 60,087 or almost 1 and one-half acre.) Stephens demonstrated the need for definitions of the permitted uses. Smith asked if a dental office technician could make false teeth. Martin and Cannity said yes. Stephens said it would be ok if they were made for their own clientele, but not for six other dentists. January 24, 1984 Public Hearing Continued , page two John Roberts'' rezoning request for Tax Map 40, Block A, Lot 4B to be changed to General Commercial from Agricultural -Residential was considered. The lot is 2.04 acres and is just east of Roberts' Generdl Commercial property on South Churton Street. The property is east of Bradsher's Used Car lot and south of Southern Railroad. A baseball field joins this property to the east. Smith asked about accessibility. Roberts said that the frontage was on South Churton but not from the east side of the lot. He noted that there was an easement of 60 feet between the Rairoad and the property giving Elizabeth Collins access to her property. He said that the highway guard rail goes from the railroad past an unfilled area and a recently filled area about 100 feet. The guard rail had previously extended down to his business but was taken out as the area was filled in. Robert Lucas' request for Tax Map 12, Block E, Lot 37 to be rezoned from Residential -10 to General Commercial was considered next. The lot was .285 acre and is located at the southwest corner of Highway 70 and Short Street. It is just east of property zoned General Commercial, the former Bait and Tackle Shop. Residential zoning is located to the south, east and northeast of the lot with General Commercial located to the north- west and west. When asked about the easement shown on the lot, Lucas said he thought it had been an old road which was abandonned. Martin said he remembered a driveway through the property in the past. Lucas said that he had liked the location of the Bait and Tackle Shop but felt the lot was too small to be used commercially, so that he had bought the additional lot. He plans to tear down the old store and sell both lots as a commercial property. The lot sizes combined into one tract were estimated at between one-half and two-thirds acre (about 24,300 square feet). Theodore and Sharon Freeland's request for .Tax Map 19, Block A, Lot 10 to be rezoned from Residential -20 to Office -Institutional. This lot is about 20,000 square feet and is located on the south side of Corbin Street just west of the Auto Repair business at the corner of Corbin and Churton Streets. Dorward asked about the 20 foot side buffer required. Cannity said that the lot was not a bad location for Office -Institutional, but he was concerned about parking intruding on the neighbors. He knew that the Freelands had been trying to sell for a year, but that did not necessarily mean that the request needed to be looked upon favorably and that the impact on the rest of the area should be considered. Stephens pointed out that the parking areas would be screened by the requirements. The next item was the proposal by Kenneth Chavious for amendments to the ordinance to allow subdivision of land where existing buildings would not meet the yard and setback requirements and so that a nonconforming structure could be used for any use permitted within that district, provided the dimensional nonconformity was not increased. Chavious said that he had a building permit for a new roof and he was ordered to stop work on the roof since only one primary residence was allowed on a lot. He said that his lot has 20,700 square feet enough to make two lots. He said that the building which he wants to make into a residence is 10 feet from the street. The lot line between his house and the old pool hall building would leave 17 feet to the property line for his house (on the north side) and 17 feet to the southern Oroperty line of the old pool hall. Smith noted that this would leave two non -conforming buildings if the property is subdivided, which is correct since the house is not now noncon- forming on the north side toward Hayes St. January 24, 1984 Public .Hearing,, Continued, page three. „ The old pool hall building is not now nonconforming toward the southern lot line but would be if a subdivision �`ere.`made. Maltbie pointed out that the permit which Chavious had received for the --.new roof - listed setbacks at 30 feet for the. front 5_s,etback and 20 feet for the side and rear setbacks. The permit was issued by the pi:eviou.s zoning officer and since -'=that - time, Chavious had put a roof on his Housewhich was at the time conf orming'added a room to the back of the house and a porch to the north side and a wall to the east side before adding a roof to the old pool hall. The previous zoning officer thought the permit was for the house roof. No sketch was provided on the permit request. Chavious said that he needed a variance of 15 feet on the side of the pool hall facing the street. The regulations in the current ordinance would not allow subdivision of- . a nonconforming building.. The proposals to the Qrdinance would allow such. a subdivision where there was a nonconforming building involved'. ' Maltbie reported that there had been a request by another person who wanted to subdivide property with a nonconforming garage which was about seven feet from his property line. He had planned to use the garage as a dwelling unit. The impact of the proposed provisions on the rest of the Town was important to consider. Cannity said that the nonconforming section is one of the important tenets of zoning. Where a building is nonconforming due to lack of proper setback or due to lack of proper use according to the way which the Town wants to develop as regulated by the Ordinance, the ordinance needs to be backed up with the goal of townwide consideration of impacts of the ordinance. While the proposed amendments might alleviate the specific problem here (Chavious), it would allow more and varied problems to arise in the future. Johnson disagreed with Cannity. He said there were extenuating circumstances for Chavious since the building was there before the road was there. Johnson said that future subdivisions would have to comply with the setbacks, but that the proposed amendments should be passed to allow Chavious to subdivide due to the extenuating circumstances and due to the improvement to the neighborhood as a whole. Smith agreed --with Rick that -the--adaption -of the pr-opQsed aXendzgents.-wQ.uld aet a precedent through the zoning jurisdiction. He also said that- the street -department does not plan to widen Hayes and would not object to Chavious getting permission to use the building for a residence if no parking were allowed toward Hayes or Nash Sts. Smith agreed with Horace that it was a one shot deal since the building were there before the street was there. He suggested that the Board find some way to allow Chavious to utilize the building. Chavious said that he had talked with the neighbors who approved use of the building. He said that use of the building would eliminate use of the building as a hangout for unemployed. He noted that ordinances needed to have flexibility to deal with different issues. Martin then closed discussion on that as there were no more comments. Freeland said that during the past years, the neighborhood had changed and they were surrounded by general commercial and rental residential property. They want to sell it. Since there were no more comments, Martin turned the meeting back to Mayor Pro Tem Stephens who adjourned the meeting. Minutes prepared by Kay Maltbie, Zoning Officer