BZA 10-08-2020 - Laserfiche WebLink

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Mooresville Board of Zoning Appeals October 8, 2020 Members Present: Mike Young, Perry King, Neal Allman, Charles McGuire David Sadler, Ms. Copeland attorney, sitting in for town attorney Chou-il Lee The meeting was opened at 6 pm by Mike Young with a call to approve the minutes from the previous meeting. Perry King made the motion to accept the minutes as written, David Sadler seconded the motion — minutes approved unanimously. First on the agenda was a request from Scott Mattingly and Ross Holloway engineering for approval for variances contingent upon the Planning Commission and the Town Council approval of rezoning from I2 to B3 for, the property adjacent to SaniSery at 451 East County Line Road. Variances requested included a twenty -foot border around the facility between the buildings and residential in lieu of a 10' foot border; 90% coverage and utilization of the land in lieu of 50% for B3 zoning; and commitments of no storage unit doors opening to the west, and appropriate landscaping. RHE offered a color PowerPoint presentation showing the look of the buildings and the layout of the proposed facility, Scott Mattingly offered his comments stating that he would be purchasing additional land to double the 10 -foot buffer required by ordinance. David Sadler asked if the rezoning application had been made to the Planning Commission, RHE responded that they were first requesting these variances in preparation for the property to be rezoned 133; if the variances were not approved, the property's (future) owner would proceed with construction under I2. David Sadler made the comment that to approve variances on B3 before the property was rezoned was putting the cart before the horse. Beth Copeland stated that the Board of Zoning Appeals could have a discussion on the elements of the request without a motion. RHE responded that for the sake of efficiency the request for variances must proceed the rezoning request as a purchase order agreement and filing fees were about to expire. Mike Young called for comment from the Board and then the public. Neal Allman commented that it seemed strange to make a decision on a non-current zoning. RHE stated that the current owners of the property (SaniServ) have given consent to actions requested tonight, He also stated that contingent rulings have been done before. He stated that if the variances were approved by the BZA, nothing would change with the status of the property, just everyone would be saved an additional meeting. The consequences of no decision on the request would be to develop the property under I2; B3 would be better for the neighbors. RI -IE threatened that if Mr. Mattingly the future owner and developer of the property were to drop dead and his family (not heirs, creditors or investors) were to put the property on the market under I2 zoning, the outcome would be worse for the neighboring community. Neal Allman asked if there is a precedent. RHE responded "yes", but did not cite the precedent, just gave the same details of the proposed process for this property's variance and rezoning approvals, Bobbie Brookmeyer of Dellawood Drive addressed the Board stating that her discussions with members of the Planning Commission, the Town Council and Mr. Mattingly required clarification. She began to discuss the rezoning of the property from I2 to B3, and Beth Copeland intervened and stated That the only discussion before the BZA were the requested variances should the property be rezoned, Normally the variance request would only come before the BZA after the rezoning was approved by the Planning Commission and the Town Council, Jack Fenway II of 1036 Indianapolis Road addressed the BZA and presented two pages of examples from the Mooresville United Development Ordinance Chapter 2. He stated that the amount of proposed construction under B3 is three to four times the standard. Under File #20-029 Chapter 2 B3 requires a 6 -foot masonry wall and a buffer yard of no less than 6 feet. Under File #20-030 lot coverage is 45% for B3 and 90% for I2. To approve more than 45% lot coverage would be contrary to written standards which are in place for a reason. Mike Young asked if there were any more questions from the Board or the public. Bobbie Brookmeyer again addressed the Board with a number of concerns, but Mike Young intervened stating that she must address the proposed requested variances. Ms. Brookmeyer thanked RHE and Mr. Mattingly for preparation of the slide deck so that all participants