WSMU_MRSV_Email_19970827

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Note for Brent McDonald
From: Lisa Martin
Date: Wed, Aug 27, 1997 9:17 AM
Subject: RE: Mooresville Variance Request
To: Coleen Sullins
Cc: Brent McDonald
I haven't looked at your comments yet,but thank you for the quick review.
Under the law, variances are only to be granted when there is a hardship to the owner caused
by a particular regulation and/or by some unique attribute of the property. Variances are
never to be granted when the result could be precedent setting or when the same attribute
applies to more than one property. In addition,it is clear under zoning law (which is cited
within the WSWP Rules as a reference) that under no circumstances is a variance to be
granted when the hardship is an economic one to the owner. That is the reason I stated this
in the report. The applicant's justification states more than once how they can not locate this
due to franchise "recommendations" -the applicant did not in any way prove that no
reasonable use could be made of the site. Reasonable use is the standard. There are a
number of uses under the zoning on that parcel which could be located there.
I know it is difficult to understand this without the attachments added. Again,I haven't
looked at your comments yet, but I do want to make it clear to the EMC that the only
hardship here is that the applicant may not be able to meet some financial expectations. I will
ask Brent to stress this heavily in the presentation.
Not to stretch this e-mail out forever,but I would like to add one last point. Under the
Rules,the EMC is required to review the record of the variance approval submitted by the
local gov't. The EMC (or WQC) is under no obligation to allow the applicant, his
representative(in this case, Dick Brolin) or anyone from the Town to speak at the meeting(s).
I just wanted to make sure that you and Brent(and SWT and Preston) know this. Dr.
Peterson is usually really nice about letting people speak,but the rules state that the
Commission is to review a record of the hearing-that's all! I am particularly concerned due
to Harlan's and Rep. Brawley's involvement.
Sony this is so long. Thanks.
From: Coleen Sullins on Tue, Aug 26, 1997 7:24 PM
Subject: RE: Mooresville Variance Request
To: Lisa Martin
File(s): Mooresville Maj. Var. (5.0)
Lisa-I think the explanation is clear and with a sketch will work fine for the WQC
members. I have two minor editorial comments on the attached meant to clarify in one
section and then strike through in another section (the statement about personal hardship to
the owner, I don't think that they have proved that from what you have told me, nor do they
appear to have really made that argument and I don't want to make it for them).
Brent-there are some points that I would recommend stressing during the presentation and I
would be happy to sit down briefly with you and give you my ideas on where I would
recommend you do so. Coleen

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From: Lisa Martin on Tue, Aug 26, 1997 4:27 PM
Subject: Mooresville Variance Request
To: Coleen Sullins
File(s): Mooresville Maj. Var. (5.0)
Coleen,
I know you are really busy right now, but if you have a chance before noon tomorrow, could
you take a quick look at this write-up for the WQC? I know it will not make as much sense
without the attachments,but I want to make sure it reads clearly and that you can easily get
the gist of it. This is what Brent will present to the WQC. He is reviewing it also.
If anything jumps out at you as not being clear,please let me know. If you do not have time
to review it, that's ok too. I will ask Brent to get together with you prior to the meeting and
you can give him some ideas on which points to hit hard and can also have him add
additional comments or info to his presentation.
Sony for the crunch. Thanks in advance. Lisa

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Note for Brent McDonald
From: Lisa Martin
Date: Fri, Aug 22, 1997 2:22 PM
Subject: FW: Rep. Brawley request in Mooresville
To: Coleen Sullins
Cc: Brent McDonald
Coleen,
FYI. Thanks.
Lisa
From: Harlan Britt on Thu, Aug 21, 1997 3:02 PM
Subject: RE: Rep. Brawley request in Mooresville
To: Lisa Martin
I AGREE THAT WE CAN NOT SUPPORT THE VARIANCE AS REQUESTED. I'M NOT
SURE THAT THE LAW SAYS THAT EMC CAN ISSUE A VARIANCE ONLY WHEN
THE USE OF THE LAND IS REMOVED. I THINK THERE IS ROOM FOR A
REDUCTION IN THE BUFFER IF THERE IS EVIDENCE THAT INORDER FOR THIS
BUSINESS TO PROCEED THERE MUST BE SOME MINIMUM ACREAGE. FOR
INSTANCE, IF 4.5 ACRES WOULD ALLOW THE BUSINESS TO MOVE AHEAD IS
IT REASONABLE TO REDUCE THE BUFFER BY ANY AMOUNT?
I UNDERSTAND THE ISSUE OF "WHERE DO YOU DRAW THE LINE?".BUT THAT
IS WHAT THE EMC IS FOR. THEY DRAW THE LINE AS THE COMMISSION.WE
SHOULD MAKE OUR RECOMMENDATION AND LSET THE EMC DECIDE. I KNOW
THAT IS WHERE WE ARE IN THIS ONE AND I TOTALLY SUPPORT.
I HAVE TOLD BRAWLEY THAT WE COULD AND WOULD NOT SUPPORT THE
VARIANCE REQUEST AND WE WERE GOING TO RECOMMEND TO THE EMC
THAT THEY DENY THE REQUEST. I FURTHER TOLD HIM THAT THERE WAS
NOTHING TO KEEP THE CITY FROM PULLING THIS REQUEST AND COME BACK
WITH MORE INFORMATION AND RESUBMIT,BUT WITH NO GUARANTEES.
I DON'T THINK YOU NEED TO CALL HIM.
From: Lisa Martin on Wed,Aug 20, 1997 9:56 AM
Subject: RE: Rep. Brawley request in Mooresville
To: Harlan Britt
Harlan,
Donna called me yesterday and said that Rep. Brawley was trying to reach you and that,
since you weren't there,he asked for me. Have you talked to him yet? I am a little reluctant
to call,but if I do, here is what I will tell him:
Mooresville is going to proceed with the request as submitted in June. I spoke to their
Planning Director and asked him to send me a copy of the justification they used in granting
the variance. (As you remember,this portion of the form was blank.)
However, I want to mention up front(and I told this to the Planning Director)that we will

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not support any variance on this site for the requested use. The letter sent in by the applicant
says that it is a"recommendation" of the franchise that they have 5 acres of impervious area.
In addition,the law says that a variance is appropriate when all reasonable use of the land is
removed by a particular regulation. Our job is to evaluate this in terms of land use, not to
determine if or ensure that someone makes a profit. This case, if approved with any
variance,would set a very bad precedent.
I will tell Rep. Brawley this if you would like me to call him.
Thanks.
From: Harlan Britt on Wed, Jul 30, 1997 11:50 AM
Subject: RE: Rep. Brawley request in Mooresville
To: Lisa Martin
how about thursday afternoon, say 2:00 ?
From: Lisa Martin on Mon,Jul 28, 1997 12:01 PM
Subject: Rep. Brawley request in Mooresville
To: Harlan Britt
Harlan,
I am aware of this site and have responded to the Mooresville Planning Director,Erskine
Smith. I would like to discuss this with you. We can not support the variance that the
applicant requests. I have a bundle of information that was forwarded to us by the Town per
our rules. I also know the major actor in this case. His name is Dick Brolin and he has a
very aggravating way of doing business. I hope Rep. Brawley is not too involved in this.
When can we talk? I will be out on Wed. morning and between 11 and 1 on Thursday. I am
in the office all week other than that. Please let me know. Thanks.