WSMU_MRSV_Variance Request_19970430

4113*V
Major Variance Request
from Watershed Regulations
Mooresville, NC 28115
The following are considerations in determining the uniqueness of the site circumstances and
constraints in favor of granting a major variance from the Mooresville Watershed Regulations.
The subject site is located in a WS IV Protected Area of the Catawba River Watershed on
NC 150 within the zoning jurisdiction of the Town of Mooresville, NC. The site is 9.080 acres in
size excluding areas in the NC 150 right of way. The subject site is triangular in shape, and is
bounded on two sides by perennial streams and bounded on the third side by NC 150. The attached
site plan shows the site and the applicant's proposed site plan.
The applicant purchased the site for use as a new car dealership with service and used car
sales as additional customer services to be rendered under the franchise requirements of Ford Motor
Company. Franchise guidelines recommend at minimum 5.0-6.0 acres of impervious area for a new
dealership with these additional services.
The applicant plans to use the high density option to achieve a 70% impervious area for his
intended use. Due to the constraints imposed by the required 100' buffer along both perennial
streams, the applicant is only able to achieve somewhat over 3.8 acres (42%) impervious area. A
site plan utilizing a minor variance (10%) along the buffer areas, 4.6 acres (51%) impervious area
is attainable. With the reduction of the 100' buffer along the perennial streams to 50', 5.823 acres
(64%) impervious area is attainable and appropriate for the intended use of the site. Without a major
variance, the applicant falls out of compliance with the guidelines of his franchise agreement.
The applicant is requesting a 50% variance to the 100' buffer along the perennial streams
which border the site. The applicant is also requesting a variance in the buffer area at the eastern
corner of the site to accommodate a driveway entry point as shown on the attached proposed site
plan which has been approved by NCDOT. The driveway entrance has been located to provide a
reasonable safe distance from the nearby intersection.
Technical arguments for granting this variance request include:
• The site is truly unique in character in that it is triangular in shape and bordered on two sides
by perennial streams.
• Applicant's site lies at the ridge of the watershed affecting his site. Offsite storm water
flowing onto this site is minimal.
• Applicant's site plan provides for the containment of all storm water generated by the
impervious area of his site.
• Applicant's detention pond plans provide for 1.3 times the required storage area in his
detention pond thereby reducing the potential of storm surge inundating his pond.
• A 50' buffer exceeds minimum buffer standards in a low density development by 20'.
• 64% impervious area meets the site demands of the applicant's intended use.
Other arguments for granting this variance:
• There are practical difficulties/hardships in carrying out the ordinance due to this site's
characteristics.

■ The constraints of applying the ordinance adversely impacts the usefulness of the site based
on franchise requirements for new car dealerships.
• The site with reduced buffers would comply with new car dealer franchise requirements.
The site with full 100' buffers renders the site less than marginally acceptable.
• The hardship to the applicant is not the result of the applicant. The applicant has maximized
the use of available area in his site design and remains out of compliance with franchise
guidelines without the requested variance.
It is the opinion of the applicant and his civil engineering consultants that sufficient detention
and storm water containment can be designed to keep the variance in harmony with the general
purpose of the ordinance;preserve the spirit of the ordinance;provide sufficient safeguards to protect
the public safety, welfare and assure substantial justice has been done; and that the variance makes
possible the reasonable use of the applicants land.

• 2
Agenda Item No.
Town of Mooresville
REQUEST FOR TOWN BOARD ACTION
To: The Honorable Mayor and Board of Commissioners
From: N. Erskine Smith, Jr. Planning Director -
Subject: PUBLIC HEARING to consider an APPEAL
AND VARIANCE request from Shoe Enterprises,
LLC
PUBLIC HEARING to consider an APPEAL AND VARIANCE request from
Shoe Enterprises, LLC, for the property located at the intersection of NC 150 and
McLelland Avenue, further referenced by Iredell County Tax Map 4657-63-3713
and 4657-53-9612. This request is for a major variance to encroach 50' on each side
of the 100' buffer as required by Watershed Regulations.
ACTION RECOMMENDED: Approve the APPEAL AND VARIANCE
Approve the Findings of Fact
ATTACHMENTS: Site Plan
Map
Findings of Fact
4
,i _
4 i . ,)
KECEIVED
MAY 1 9 1997
:' FACILITIES ASSESSMENT UNIT
33

STAFF REPORT
APPLICATION # Watershed Major Variance Request 97-1
NAME: Shoe Enterprises, LLC Attn: Mr. Grady Shoe
ADDRESS : 266 N. Broad Street - P. 0 . Box 509
Mooresville, NC 28115
CONTACT/PHONE # : Jeff and Grady Shoe - [phone]
TYPE OF REQUEST: Major Variance to Watershed
LOCATION OF THE PROPERTY: Plaza Drive
TAX MAP # : 4657-63-3713 & 4657-53-9612
CURRENT ZONING: H-B HCO (Highway Business Highway Corridor
Overlay District)
OTHER INFO: The request is for a major variance to allow a 50
foot encroachment into the required one hundred (100) foot
buffer along the perennial stream of REEDS CREEK.
Mr. Shoe would like to encroach fifty (50) feet into the
required one hundred (100) foot buffer that is required along
perennial streams for development in the WS IV Lake Norman
watershed for developments utilizing the High Density Option
(Wet Detention facility) . Mr Shoe is requesting the
encroachment to allow development of the property for an
automobile dealership. He is pro osin to "over design" the_
wet detention facility s nrcler to -accommodate all storm
water rom is site into this facility. He is stating that
any ot-t= te water is minimal .
APPLICANT' S REQUEST: Major Variance
EXISTING TYPE OF USE: Vacant
STAFF COMMENTS : A request for a variance is intended for
situations of "hardship or uniqueness" . This request is for
a hardship . Since the property is bordered on two sides by
the perennial stream of REED CREEK the property owner is
restricted by the 100 foot buffer. The staff feels that the
applicant ' s property is unique . In addition, the applicant
has proposed means to mitigate the effect of development by
making the wet detention facility larger than is required to
store all storm water during a potential storm surge .
It is the staff ' s opinion that the variance would be in
harmony and the general spirit of the ordinance and the
surrounding neighborhood.
Since this is a variance the request requires an "evidentiary
hearing" held in a "quasi-judicial" manner in which facts
regarding the case are considered. Approval may only be
granted after consideration of all "evidence" . The Board may
place "fair and reasonable" conditions on the request .
38

•
STAFF REPORT
Since this is a major variance to the Watershed the
recommendation of the Town Board is forwarded to the
Environmental Management Commission (EMC) in Raleigh for the
final approval . The recommendation of the Town Board of the
Town Board shall be in one of the following forms :
1 . Recommend approval of the variance request; or
2 . Recommend approval of the variance request with fair and
reasonable conditions attached; or
3 . Recommend denial of the variance request
If the Board recommends denial no further action is required
by the Town nor the EMC.
PLEASE SEE SECTION 14 . 11 VARIANCES IN THE MOORESVILLE ZONING
ORDINANCE FOR PROCEDURAL REQUIREMENTS (pp . 14-17 TO 14-19)
POSSIBLE CONDITIONS FOR CONSIDERATION:
1 . LIMIT DEVELOPMENT OF THE SITE TO 6596 MAXIMUM IMPERVIOUS?
2 . REQUIRE A MINIMUM OF FIFTY (50) FOOT BUFFER
3 . WET DETENTION FACILITY WILL BE OVERSIZED BY A MINIMUM OF
1 1/3 .
STAFF RECOMMENDATION:
In variance requests the applicant has the burden of proof to
address the "finds of fact" . The applicant needs to
demonstrate hardship or uniqueness of his/her property. The
request is a unique to the applicant ' s property. The request
can meet the required "finds of fact" therefore the
recommendation is to grant the variance .
39

TOWN OF MOORESVILLE
APPEAL AND VARIANCE
GENERAL APPLICATION FORM
Application Number:
Date: �-.?G •g 7
Permit or Relief Requested. Appeal
Variance
Applicant's Name: •
cS
Property Owner's Name:
Applicant's Address: plc c
Property Owner's Address:__�Q�
Legal relationship of applicant to property owner:
Existing Use of Property:
Property Location: C lsD
Tax Map and Parcel Number (for Variance Applications Only):
The following information shall be completed by
decision made by the Zoning applicants �r1 s f Administrator; appeal a_ a
Date of Zoning Administrator's Decision:
Summary of Zoning Administrator's
a ors Decision:
Reason For Appeal ��/-
of Dec': on: ��I �
MOW
The following information shall •.
completed by applicants seeking a variance:
Variance Sought:

Appeal and Variance Application
Page 2
Reason For Seeking Variance: 56 4T 7X C/-/)
Request for variances shall be accompanied by a list of adjoining
property owners and their addresses and a sketch plan. Said plan
shall show in scaled form, the location and size of: ( 1) the
boundaries of the lot(s) in question, ( 2) the size, shape and
location of all existing buildings, parking facilities and
accessory buildings, ( 3 ) the size, shape and location of all
proposed buildings, parking facilities and accessory uses ( 4 ) the
location and type of screening and buffering proposed, and, ( 5 )
other information deemed by the Zoning Administrator to be
necessary to consider the application. All completed applications
shall be accompanied by a $75. 00 fee and shall be submitted to the
Zoning Administrator at least fourteen ( 14) days prior to the
Board' s /pub]: c hearing at which it is to be reviewed.
• t7,27t6- 97
Signalr Applicant Date
&J-41.- Az41 6- 9 7
Signature of Zoning Admi �trator Date
(This Information is to be Filled Out by the Zoning Administrator)
Sketch Plan Attached: Yes v No
Public Hearing Date: 47 '/t '7, 1'q 7
Notice of Public Hearing Published On: ,/V I C l' 7
(Affidavit Attached) /4 OOP cJ %�i,6vide—
r G
_ Notices to Applicant and Adjoining Property Owners Mailed On: %Y1 r�:51 2 / / (r7
(Verification Attached)
Sign Posted On: 7)/1/''Ca `, /G i 7
Variance "Findings of Fact" Checklist Attached: Yes ✓ No
Action Taken by Board of Adjustment: A-A2f ,j 7
777171,-7 ,fJ j� i �� /S wr' ���✓#ac
TD y ik 47i f �'01.�x7i A C 115c- 7i 1,.eof'fe i Zl , 7 e bur 7Z'Wet:
-771 -i— T7F.= Uti'/ e Ss /i F 44
/
Notification of Action Mailed to Applicant On: 6/— g- q7
(Notification Attached)

TOWN OF MOORESVILLE
VARIANCE
"FINDINGS OF FACT" CHECKLIST
Application Number: VA-97-01 Date of Application Feb 26, 1997
Applicant's Name: Shoe Enterprises, LLC
Applicant's Mailing Address: 266 N. Broad Street
Mooresville NC 28115
Property Location: NC 150 at the intersection of McLelland Avenue
South side across from BB & T, Mooresville, NC 28115
Tax Map and Parcel Number: 4657-63-3713 and 4657-53-99612
Existing Zoning: HB, HC Overlay
Proposed Conditional Use: Major variance to encroach 50' on each side of the 100'
buffer as required by Watershed Regulations.
FINDINGS OF FACT
1 There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the
ordinance. YES ` NO
a. If the property owner complies with the provisions of this ordina a he can secure no reasonable
return from or make no reasonable use of his property. 'DES_ 4 Nam'
b. The hardship results from the application of the ordinance,- , EE NO
c. The hardship is suffered by the applicant's property `((ES. NO
d. The hardship is not the result of the applicant's own action, ffE_Ss, NO
e. The hardship is peculiar to the applicant's property YES NO
2. The variance is in harmony with the general purpose and intent of the ordinance and preserves its spirit.
YES NO
3. In the granting of tbe.variance. the public safety and welfare have been assured and substantial justice has
been done. / NO
4. The reasons set forth in the application justify the granting of a variance. and that-the YE variance i&a
minimum one that will make possible the reasonable use of land or structures. ( ' /tl0 j
After having held a public hearing on Monday April 7, 1997 , and in light of the finding
of facts listed herein, the following action was taken by the Mooresville Town Board:
7/cciry d —lilt 17 Or l/lw, vie' e- 7g' -c `�/tx /ea' ,b,'74-r re v:,, -7b,: .
/L ,fe✓�5b el R6Jul�: 7Eic71S 1v/7,% I1,- t_te/ <4-7C Zi ,z _s-c- ' ,be, ��
`;,,- ./!JL7 /-O 5; T C e-i%-r/ 6-ez. 75 .
In approving said variance, the following conditions were imposed by the Mooresville Town
Board:
Joe V. Knox c ,yam. , 2' 97
Mayor, Town f Moor sville Date 4/7/97

TOWN OF MOORESVILLE
NOTIFICATION TO APPLICANT
On April 7, 1997 the Mooresville Town Board
after having conducted a public hearing, reached the following decision
concerning your property.
Approved the major variance from the 100' buffer as required by Watershed
Regulations, which would allow a 50' buffer, subject to staff comments.
Zoning Administrator Date

Minutes 7:00 p.m., Monday, April 7, 1997
Mooresville Board of Commissioners Town Hall
The Mayor opened the public hearing at 7:04 p.m. The mayor swore
in Dick Brolin, representing Shoe Enterprises, LLC. The planning
director,
Mr. Smith, reviewed the request. Mr. Jones asked if there
would be curb and gutter on the property, and Mr. Smith said yes,
with all the water caught and directed to the detention pond. Mr.
Brolin stated that the variance is necessary to make the site useable,
and that the pond can be made larger than usual to accommodate
the site. Mr. Randall said he had a concern about potential
stagnation and mosquitos. Mr. Brolin stated that the pond will turn
water over rapidly in the winter and will probably dry up in the
, t summer, preventing this hazard. Mr. Randall noted that if the town
W* St watershed ordinance -- originally required by the state -- were not
A 1. on the books, we would not have to go through this because the
1 state has actuallybacked. �,,� off its own watershed act.
There were no other public comments. The mayor closed the public
- hearing at 7:16 p.m.
ACTION: A motion was made by Mr. Randall and seconded by Mr.
t Campbell to excuse Mr. Shoe due to conflict of interest. The motion
was unanimously approved.
, :
t ACTION: A motion was made by Mr. Nantz and seconded by Mr.
Campbell to approve a variance request from Shoe Enterprises, LLC,
for the property located at the intersection of NC 150 and McLelland
;. Avenue, further referenced by Iredell County Tax Map 4657-63-3713
and 4657-53-9612. The approval is for a major variance to encroach
L 50' on each side of the 100' buffer as required by watershed
_: - _ regulations. Approval was made contingent upon the property owner
a r _.
assuring that the detention pond will not become stagnant nor a
, ! 4
breeding area for mosquitos and that a fence be built around the
`z berm on the property. Also included in the motion was approval of
7 r the related findings of fact. The motion was unanimously approved.
n See attached.
t=
3. A public hearing to receivacopnlents regarding a recommendation
from the Mooresville Planning Boar a conditional use permit as
2. F_ requested by BellSouth Mobility for the property located at 413 N.
'` Main Street.
.'L
.r 4: 6

Minutes 7:00 p.m., Monday, April 7, 1997
Mooresville Board of Commissioners - Town Hall
(p) Approved adoption of a resolution declaring the month of
April as .Fai\r Housing Month. in the Town of Mooresville.
(See attached)
(q) Approved auth rizing the expenditure of approximately
$1500 by the Sa itation Department to ave Municipal
Engineering Servi es of Garner, NC epare the Town's
Solid Waste Manag ment Plan as r uired by the NC
General Statutes. It ' the Staff's iritent to coordinate our
plan with Iredell County. The plan is required to be
submitted to the Stat June of thisyear. (See
�( attached)
(r) Approved the town engine ,r's recommendation to award a
contract to Bio-Nomic Se , es, inc., of Charlotte, for the
amount of $44,660 ($43 A 60 base bid + $1200 for lime if
needed) for the permi ing of 1200 acres and the land
application of 1 mil 'on gallons of Judge form the waste
water treatment • ant to the permit ed land. Five
responses wer- received with three f the bids meeting
specification :.
(s) Approve• authorizing the purchase of th Geneva Burke
Proper for $163,500, the appraised value; The Board
autho zed the town staff to make this Offer o Purchase at
an earlier closed meeting. (See attached)
(t) A pproved accepting responsibility for maintenance of
state streets that were annexed into the corporate limits of
the Town of Mooresville on June 30, 1996, as required by
NCDOT. (See attached)
� A public hearing to receive comments regarding an appeal and
4
variance request from Shoe Enterprises, LLC, for the proP errj
located at the intersection of NC 150 and McLelland Avenue, furher
referenced by Iredell County Tax Map 4657-63-3713 and 4657_53_
9612. The request is for a major variance to encroach 50' or,
side of the 100' buffer as required by watershed regulations.
5

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,I, P�j - ,eJ;+.n SI fE SIZE— 9.060 ACRES TOTAL (100%I) o
>r. a ) s ' / • WPFANOUS AREA PENNED- `823 ACRE(B4.13%) SwwrK O. ›-t F++
IS,r.Rn MOOR U.a-.AC9N 111 /i j BUFFER AREA- 2352 ACRES(21Y7Q uw S•ASSOAVOIS IMSS.�u R.
Mmesxu_K - ro /( / CCY9NED BUFFER AND DETENTION AREA—3.257 ACRES(35.87%) ...WY 1 OS ��....11
l,h�s>eeeaSIPAIL K >1��, yyy.•�r
NEW CAR PARKING— 300 .''-
I `�/ / CUSTTX/ER PARKING- 18 Mv.aClu.0 Nn o.c„
/ SERVICES k EMPLOYEE PAWN... - 115 AM.A'""'"s°••�"'r' En
TOTAL PARWNC - 431 wort LK S. y a a
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