Planning Board/Board of Adjustments Meeting

TOWN OF ERWIN PLANNING BOARD/BOARD OF ADJUSTMENTS MONDAY, APRIL 21st, 2025 AT 7:00 PM ERWIN MUNICIPAL BUILDING BOARD ROOM AGENDA 1. MEETING CALLED TO ORDER A. Invocation B. Pledge of Allegiance 2. CONSENT AGENDA A. Planning Board Minutes from Regular Meeting on March 17, 2025 (Page 2) 3. OLD BUSINESS A. Updates 4. NEW BUSINESS A. SUP-2025-002 (PUD Amendment) (Page 9) B. Mobile Home Park Text Amendment (Page 43) C. Permit Expiration Amendment (Page 48) 5. ADJOURNMENT 6. BOARD OF ADJUSTMENTS A. Call to Order 7. CONSENT AGENDA A. Board of Adjustments Minutes from Regular Meeting March 17, 2025 (Page 52) B. BOA-2025-003 Approval Letter (Page 58) C. BOA-2025-004 Approval Letter (Page 59) 8. OLD BUSINESS A. Updates 9. ADJOURNMENT  PLANNING BOARD MEETING MINUTES MONDAY, MARCH 17, 2025 ERWIN, NORTH CAROLINA The Town of Erwin Planning Board held its regular meeting in the Erwin Municipal Building Board Room 100 West F Street, Erwin NC on Monday, March 17, 2025, at 7:00 PM. Board members present were Chairperson Nicholas Skatell, Vice Chairperson Jim Hartman, In-Town Board Members Grace Watts, Rebecca Kelly, Kathryn Moore, and Michael Jackson, Out-of-Town Board Member Howard Godwin, and In-Town Alternate Marsha Woodard. Board members absent were: In-Town Member Joshua Schmeiding and In-Town Alternate Vanessa Lech. Town Staff present were: Town Manager Snow Bowden, Town Planner Dylan Eure, and Deputy Clerk Katelan Blount. Chairperson Nicholas Skatell called the meeting to order at 7:00 PM. Vice Chairperson Jim Hartman gave the invocation. Board Member Kathryn Moore led the Pledge of Allegiance. CONSENT ITEMS Board Member Grace Watts made a motion to approve the Planning Board minutes from the Regular Meeting on February 17, 2025. This was seconded by Kathryn Moore. The Board voted unanimously. OATH OF OFFICE Mr. Michael Jackson Sr. was sworn in as an In-Town Board Member. The Oath of Office was administered by Deputy Town Clerk, Katelan Blount. Ms. Marsha Woodward was sworn in as In-Town Alternate. The Oath of Office was administered by Deputy Town Clerk, Katelan Blount. OLD BUSINESS Updates: Town Planner Dylan Eure informed the Board that the Board of Commissioners were presented with some amendments at their last meeting. The amendment regarding Restaurants in CB has been placed on hold at this time due to the lack of restaurants in that area. The Board of Commissioners is open to looking at the amendment again if there becomes a need. The Urban Camping ordinance will be workshopped as well. The Board of Commissioners would like to look at adding campgrounds as a special use to help reroute the issue and possibly helping solve some of the issues that are arising. Mailed Notice for Subdivisions has been approved to move forward by the Board of Commissioners, and will be placed on public hearing sometime soon to be adopted into the Town’s Regulatory Process. 2 NEW BUSINESS ZT-2025-001 Town Planner Dylan Eure presented this conditional rezoning request from B-2 to conditional R-6 for a parcel located at Harnett County Tax PIN 1506-59-7949.000, located on Erwin Rd. The developer wants to construct seven lots for townhomes on this parcel. According to the site plan, the developer would like to place townhomes on .75 acres of the 1.19 acre lot due to an existing floodway on the property. If the conditional rezoning is approved, the applicant would need to submit a floodplain development plan and elevation certificate before the zoning permit is issued. As long as the parcel remains in the 100-year floodway, it would require floodproofing or elevation by FEMA in order to remain in good standing. Board Member Marsha Woodard asked if there would be a parking lot for these townhomes, referencing the siteplan. She expressed concern for issues entering and exiting. Town Planner Dylan Eure stated yes, it was not a wide parking lot, but that each townhome would have 2 parking spaces, as meets the requirements in the ordinances for single family homes. A requirement for NCDOT would be an approved driveway plan. Board Member Grace Watts asked if the Black River was to the rear of the property. Town Planner Dylan Eure stated that no, the river was to the side of the property, not the rear. He explained the areas on the site plan. Howard Godwin joined the meeting at 7:07 p.m. Board Member Michael Jackson asked if there were any easements for the driveways. Town Planner Dylan Eure explained that yes, there would be easements. It would be recorded in the final plat. Vice Chairperson Jim Hartman asked if these would be rental units or if they would be sale. Town Planner Dylan Eure stated that he believed they would be offered for sale. He introduced the applicant, Keith Brown, to speak. Mr. Keith Brown of Mauldin-Watkins Surveying PA, approached the podium to answer any questions. Board Member Marsha Woodard asked what the size of the units would be. Mr. Keith Brown stated that the middle units will be 1100-1200 sqft, while the end units would be around 1300 sqft. They’re looking at 2 bedroom, 1.5 bath townhomes. The driveway is in line with what the NCDOT is requesting for that property. Mr. Chad Goodnight introduced himself as the co-applicant. He stated that he had drawn that easement on the map in accordance with what NCDOT had requested. Mr. Keith Brown added that he has also spoken with Harnett Regional Water about water and sewer utilities. Town Planner Dylan Eure stated that in line with the 2023 Land Use Plan does show this area to be medium density residential, which is reflected in the staff level endorsement of this request. Board Member Marsha Woodard asked if there would be any further development behind this area. Town Planner Dylan Eure explained that no, the area behind this parcel is designated as conservation. He is unaware of any permitted uses, other than a very few minor uses, within the conservation areas. 3 Board Member Michael Jackson asked how the developer would be meeting the elevation requirements for the 100-year floodplain. Mr. Keith Brown stated that he would be hiring an engineer for the foundations. He stated that they were also waiting for FEMA to do a re-evaluation on the flood zone designation, as some areas may be coming out of the current flood designations. If it comes out of the designation of 100-year flood, he would be building on a standard foundation. Mr. Chad Goodnight elaborated that the best guess of the date for re-evaluation is 6- 12 months, but that they are expecting to come out of that 100 year designation. Board Member Michael Jackson asked for clarification that they would not be hauling in dirt to build up the land to make the elevation, but rather build the foundations higher. Mr. Keith Brown confirmed that yes, this was the case. Chairperson Nicholas Skatell asked if there were any further questions. Being none, he asked for the Board to read through the Staff Evaluation. -The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. Reasoning: The rezoning from B-2 to R-6 with conditions for townhomes is reasonable and the benefits outweigh any potential inconvenience or harm to the community. Board Member Kathryn Moore made a motion in the affirmative, which was seconded by Jim Hartman. The Board voted unanimously. -The requested rezoning district is compatible with the existing Land Use Classification. Reasoning: The Erwin 2023 Land Use Plan states that the areas under the medium density areas, a variety of residential types, including townhomes, are desirable in the correct locations. Board Member Kathryn Moore made a motion in the affirmative, which was seconded by Rebecca Kelly. The Board voted unanimously. -The proposal does enhance or maintain the public health, safety, and general welfare. Reasoning: The proposal does enhance the surrounding area, and by being residential, we are removing possible hazards from being placed near the current floorway that are associated with commercial development. Board Member Jim Hartman made a motion in the affirmative, which was seconded by Rebecca Kelly. The Board voted unanimously. -The request is for a small scale rezoning and should be evaluated for reasonableness. Reasoning: Only one parcel, containing 1.19 acres, is petitioning to be rezoned from B-2 to R-6 with conditions for townhomes. Board Member Rebecca Kelly made a motion in the affirmative, which was seconded by Kathryn Moore. The Board voted unanimously. Chairperson Nicholas Skatell asked the Board to read through the Findings of Fact. -There is a convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of an individual or group. 4  Reasoning: Due to the rezoning being a conditional district, the only use allowed would be for what is specified by the applicant, which is townhomes. Board Member Marsha Woodward made a motion in the affirmative, which was seconded by Rebecca Kelly. The Board voted unanimously. -There is a convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) Reasoning: The only use for the district would be for townhomes, therefore limiting the style of development to be only what the developer has submitted at the current time. If the applicant wished to change the use or density of the development, he would have to reapply or amend his current application. Board Member Rebecca Kelly made a motion in the affirmative, which was seconded by Howard Godwin. The Board voted unanimously. -There is a convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. Reasoning: There is no evidence that townhomes in this area of town would negatively impact the surrounding area. Board Member Rebecca Kelly made a motion in the affirmative, which was seconded by Kathryn Moore. The Board voted unanimously. -The proposed change is in accordance with the Land Development Plan and of sound planning principles. Reasoning: The proposed change has been able to meet the Town of Erwin standards and will follow Erwin’s floodplain development process. Board Member Rebecca Kelly made a motion in the affirmative, which was seconded by Jim Hartman. The Board voted unanimously. Chairperson Nicholas Skatell asked the Board to read the Statement of Consistency and make a motion. -The requested rezoning from B-2 to R-6 conditional district with special uses for townhomes is compatible with all of the Town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan, a variety of housing types are appropriate in areas designated for medium density. It is recommended that this conditional rezoning district be approved. Board Member Kathryn Moore made a motion in the affirmative, which was seconded by Michael Jackson. The Board voted unanimously. Chairperson Nicholas Skatell asked the Board to read through the Special Use Evaluation. -The use requested is listed among the special uses in the district for which the application is made. Reasoning: Townhomes are a listed Special Use within the R-6 zoning district. Board Member Marsha Woodard made a motion in the affirmative, which was seconded by Kathryn Moore. The Board voted unanimously. -The requested use is essential or desirable to the public convenience of welfare. Reasoning: By allowing for townhomes, the Town of Erwin is diversifying its housing inventory, which increases Erwin’s housing resiliency. 5  Board Member Rebecca Kelly made a motion in the affirmative, which was seconded by Michael Jackson. The Board voted unanimously. -The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. Reasoning: The request will not impair the integrity or character of the surrounding or adjoining districts, nor is there any evidence that the development will be detrimental to the health, morals, or welfare of the community. Board Member Rebecca Kelly made a motion in the affirmative, which was seconded by Jim Hartman. The Board voted unanimously. -The requested use will be in conformity with the Land Development Plan. Reasoning: The proposed Special Use for townhomes site plan is in accordance with the Town of Erwin’s set standards and procedures. Board Member Kathryn Moore made a motion in the affirmative, which was seconded by Jim Hartman. The Board voted unanimously. -Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities have been or or being provided. Reasoning: According to Harnett Regional Water, the proposed townhomes will be able to connect to Harnett County’s water and sewer lines. Board Member Marsha Woodard made a motion in the affirmative, which was seconded by Rebecca Kelly. The Board voted unanimously. -Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. Reasoning: NCDOT has given clearance for a driveway connection for the homes to be placed on Erwin Rd. Board Member Jim Hartman made a motion in the affirmative, which was seconded by Kathryn Moore. The Board voted unanimously. -The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Board of Commissioners. Reasoning: The special use shall meet the standards set forth in Erwin’s Code of Ordinances as well as similar approved townhome developments in other areas of town. Board member Rebecca Kelly made a motion in the affirmative, which was seconded by Marsha Woodard. The Board voted unanimously. Chairperson Nicholas Skatell asked the Board to read the Statement of Consistency. -According to Erwin’s 2023 Land Use plan, and the Code of Ordinances, the proposed townhome development located at Harnett County Tax Pin 1506-59-7947.000 is desirable and has been able to meet all of the requirements for the special use to be granted. It is recommended that the Special Use be approved. Board Member Marsha Woodard made a motion in the affirmative, which was seconded by Kathryn Moore. The Board voted unanimously. 6  Golf Cart Text Amendment Town Manager Snow Bowden presented a Text Amendment regarding the use of golf carts within the Town of Erwin. The updates are regarding coming into compliance with North Carolina state laws and are not developed by staff. This would require seatbelts, in accordance with state laws, in order to be operated on Town roads and streets. This would still not allow golf carts to operate on NCDOT roads, unless they meet State requirements and are registered and plated with the DMV. This amendment would also specify where the registration sticker for golf carts would be placed. There have been complaints of unregistered golf carts, but typically, the sticker is just not placed in an easy-to-see area. Additionally, this amendment outlines violations and penalties, which would allow us to enforce the regulations going forward. There was discussion regarding what is standard on golf carts, and the enforcement of regulations due to unsafe operation within the town. Board Member Rebecca Kelly made a motion to recommend this amendment for approval, which was seconded by Kathryn Moore. The Board voted unanimously. Statement of Consistency: The requested amendment to the code of ordinance regarding golf cart use within the Town of Erwin, is compatible with all of the Town of Erwin’s regulatory documents, and with the North Carolina State motor vehicle laws. It is recommended that this amendment request be approved. Board Member Kathryn Moore made a motion in the affirmative, which was seconded by Marsha Woodard. The Board voted unanimously. Sidewalk Exaction Amendment Town Planner Dylan Eure presented this amendment, which would remove the requirement for developers of major subdivisions to install ADA-compliant sidewalks within major subdivisions due to the requirements of the state, which now require approved maintenance agreements for sidewalks in right-of-ways belonging to NCDOT. It removes the requirement from the ETJ as well. Board Member Rebecca Kelly asked if the State already has requirements. Town Planner Dylan Eure stated that yes, but we can make the requirements more stringent. This would remove that language and make it more in line with NCDOT. Board Member Marsha Woodard stated that this would help to make this more attractive as a community and help remove hurdles for developers. Board Member Rebecca Kelly made a motion to recommend this amendment for approval, which was seconded by Kathryn Moore. The Board voted unanimously. Statement of Consistency: The proposed text amendment is compatible with all of the Town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan and Erwin’s Code of Ordinances, the proposed text amendment would best address the issues of the lack of pedestrian walkways within new major subdivisions. It is recommended that this text amendment be approved. Board Member Kathryn Moore made a motion in the affirmative, which was seconded by Marsha Woodard. The Board voted unanimously. 7  Text Amendment to Variance Procedures / Owner & Rental Occupied Structures Town Planner Dylan Eure presented this amendment. The purpose of this amendment would be to allow the Erwin Board of Adjustments to grant variances for non-conforming structures, subdivisions, and approved special use permits when requested, as well as to correct language that is no longer considered legal in terms of discrimination between owner-occupied and renter-occupied structures. There was some discussion among the Board Members. Board Member Marsha Woodard made a motion to recommend this amendment for approval, which was seconded by Kathryn Moore. The Board voted unanimously. Statement of Consistency: The proposed text amendment to Variance Procedures is compatible with all of the Town of Erwin’s regulatory documents, according to Erwin’s 2023 Lane Use Plan and Erwin’s Code of Ordinances. It is recommended that this text amendment be approved. Board Member Jim Hartman made a motion in the affirmative, which was seconded by Kathryn Moore. The Board voted unanimously. ADJOURNMENT Board Member Kathryn Moore made a motion to adjourn the meeting at 7:50 PM and was seconded by Jim Hartman. The motion to adjourn was unanimously approved. Minutes recorded and typed by Katelan Blount, Deputy Clerk ______________________________ ______________________________ Nicholas Skatell Katelan Blount Chairperson Deputy Clerk 8  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 www.erwin-nc.org Ricky W. Blackmon Commissioners Alvester L. McKoy 4/21/2025 Timothy D. Marbell Charles L. Byrd David L. Nelson SU-2025-002 William R. Turnage Memorandum Special Use and Site Description St. Matthews Bryant Investments LLC and Red Pill Partners LLC wish to amend the Bryant / St. Matthews granted Planned Unit Development to replace previously granted 43 townhomes with 37 detached single-family homes at Harnett County Tax Pins 1507-33- 9627.000, 1507-34-9002.000, 1507-45-1001.000, 1507-35-0329.000 located off St. Matthews and Bryant Road. The parcel does have an approved special use permit on file for the property for a Planned Unit Development, which includes 204 detached and 43 attached single-family homes approved in December 2022. The proposed 37 detached single-family homes have the following dimensions: 31 feet of road frontage, 3,255 square feet per parcel, 20-foot front setbacks, 3-foot side setbacks, 15-foot rear setbacks, with two parking spaces including garage space. The currently approved 37 attached single-family homes have dimensions per lot of 20 feet of road frontage, 1,400 square feet of lot size, 20-foot front setbacks, 0-foot side setbacks, and 15-foot rear setbacks, with two parking spaces, including garage space. Although the new proposed lots are smaller than the other 204 already approved lots that have dimensions of 40 feet of road frontage, 4,800 square feet per parcel, and 5-foot side setbacks, the applicant does have the new homes at the same front setback of 20 feet and 15 feet for the rear setback. The reason for the change, according to the applicant, is due to market shifts with townhomes and their decreasing ability to be sold quickly. With the proposed change, the applicant would decrease the overall density of the development while keeping the same amount of area for green/open space for the residents of the community. According to the provided map 12 of the new proposed homes would be take place in phase 1 of the development, while the 25 remaining homes will be built during phase 3 Regards, Dylan Eure Town Planner 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23  Town of Erwin Planned Unit Development (PUD) Application For Bryant Rd Subdivision Applicant: True Homes, LLC 2649 Brekonridge Centre Dr. Monroe, NC 28110 Revised – March 17, 2025 (No Townhomes) 24  November 11, 2022 (Rev. 3-17-25) Project Development Team: Civil Engineer – Stocks Engineering, PA 801 East Washington Street Contact: J. Michael Stocks, PE Nashville, NC 27856 (252) 459-8196 mstocks@stocksengineering.com Surveyor – Galloway Geospatial Informatics & Surveying, PLLC Unknown Contact: Cale Galloway, PLS, GISP, CFS Zebulon, NC 27597 (252) 565-2657 cale@gallowaygis.com Transportation Engineer – Timmons Group 5410 Trinity Road Contact: Jeff Hochanadel, PE, PTOE Suite102 (919) 866-4511 Raleigh, NC 27607 www.timmons.com Environmental Consultant – Sage Ecological Services, Inc. 3707 Swift Drive Contact: Sean Clark, PWS Raleigh, NC 27606 (919) 559-1537 sclark@sageecological.com 25 1. Definitions and Construction Terms: Conceptual Plan. The Conceptual Plan is a plan that generally identifies the land use patterns, conceptual design, and density for the development of the Bryant Rd Subdivision and is attached as Appendix 1. The Conceptual Plan serves as the zoning map for the development, is a condition of this PUD application, and, along with this document, serves to form the Development Plan for the proposed development. The development is described in Appendix 2 of this application. Development Plan. This rezoning application with the Conceptual Plan constitutes the Development Plan. Developer. The Developer of this project is True Homes, LLC or assigns. Subdivision Ordinance. The Subdivision Ordinance of the Town of Erwin. Any term not defined in this document will be as defined in this ordinance. Home Owners Association (HOA). The HOA is a non-profit corporation for the purposes, among other things, of owning and managing the privately owned common areas in the Bryant Rd Subdivision and providing governance of the development as a homeowner’s association. Open Space. “Open space” refers to areas of the development that allow for light, air, wildlife habitat, stormwater control, and scenic and recreation use. Also included are areas designed to enhance the privacy or general appearance of the development. The proposed open space will be owned by or which is reserved on a plat and shall be conveyed to the HOA. 2. Development Plan: The number of units proposed for this development is 247 237. In accordance with the Town of Erwin’s Ordinance [Sec 36-648(d)(1)], the underlying zoning allows for a maximum of 334 lots where the maximum development is based on a total tract acreage of 54.82 Acres minus the 16% of the gross area (8.77 Acres) divided by 6,000 square feet per lot. The Conceptual Subdivision Layout shows the general layout of the proposed development with anticipated use areas and how they mingle throughout the development. The Development Plan also shows the general area of Stormwater Control Devices and Recreational Areas. As the plan is the further developed, the actual locations of the proposed stormwater devices, both multi- family and single-family residential product types and locations may vary to conform to the Market Conditions and Final Construction Plans. The proposed Planned Unit Development request is beneficial to the Town because it provides a greater tax base without wasting valuable land. By concentrating more homes on a smaller footprint, valuable agricultural land and future residential land is preserved. This results in less infrastructure maintenance long term for the same revenue. The proposed development is useful to the future residents by 26  concentrating excess open space that would normally be included in each lot into larger useable areas within the subdivision. This gives the new home buyer a smaller lot with less maintenance and provides a larger area for recreation and play for all to enjoy. Assuming the Board finds this PUD application favorable, the Construction Drawings will provide a much higher level of technical data and detail appropriate for review by Erwin staff, NCDOT, and other agencies having jurisdiction. The guidelines and zoning regulations for the development of the Bryant Rd Subdivision and the agreed upon conditions are included in the Development Plan. To account for both technological innovations and unforeseen marketplace changes, this Development Plan is intended to incorporate flexibility concerning design and development. Should the Developer want to make changes to the Development Plan, all changes will be made using the procedures outlined in Erwin’s Ordinance. 3. Site Location: The site referenced in this Development Plan is known as the Bryant Rd Subdivision and is located northeast side of St. Matthews Road between Bryant Road and E. Jackson Blvd (Hwy 421). The proposed property contains approximately 54.82 acres and includes the areas associated with the Parcel Identification Numbers 1507-34- 7604.000 and 1507-35-0329.000. 4. Common Areas: Every lot owner will have the right of ingress and egress, use, and enjoyment in and to the Common Areas, subject to the rules and regulations of the HOA, which rights are appurtenant to and pass with title to every lot. 6. Dimensional Standards: For each subdivided lot, the dimensions of the lot, yard, and setback will be determined by the Developer as stated on the PUD dimensional Standards which is attached as Appendix 4. 7. Regulation of Open Space: The regulation of Open Space within the development will be done by the Developer and the HOA. As such, the Developer and/or the HOA may implement policies regarding towing, parking, access, signage, and trespassing within the development. 27 8. Driveways/Roadway Access and Sidewalks: Concrete will be used to surface all residential driveways. Utility drives, maintenance areas, drives to temporary structures, access drives to public utility services, and other similar drives can use alternative surface options as approved by the Town of Erwin. Sidewalks in the development will be installed at the Developer’s discretion. 10. Developer and HOA Requirements: The Developer and the HOA will meet the following requirements: A. The Developer and the HOA agree to be responsible for the maintenance and perpetual existence of common areas. Additionally, the Developer and the HOA will meet the conditions and restrictions imposed by the Town. B. When individual lots that are not a part of an approved and platted subdivision are to be sold, a new subdivision construction and final plat shall be submitted to and approved by the Town and recorded in Harnett County prior to the sale of lots and granting of any building permit. C. The Developer or the HOA must authorize the subdivision or recombination of property prior to the required approval by Town staff. D. No building permit for any structure within the development shall be issued until all required improvements are completed in accordance with the approved construction plans and conditionally accepted by the Zoning Administrator. Additionally, plats and conveyances for any required public easements, streets, rights-of-way, or other required common areas must have been dedicated and approved by the Town and recorded at the Harnett County Registry. E. Where any of the development abuts an existing residentially developed property within the Town limits, the Developer shall provide one or more of the following as determined by the Developer: i. 10-foot-wide decorative landscaping ii. Permanent undisturbed buffers F. The maximum allowable density shall not exceed 6 units per gross acre based on the total acres in the development. There may be areas of higher density to allow for larger open space areas. G. Land additions to the development may be made in increments of any size and will be subject to this Development Plan upon approval by the Town of Erwin. 28  H. A variety of dwelling unit styles have been approved for the development and support uses with adherence to the lot area and yard requirements provided in this application. The minimum residential lot areas shall not be less than as stated on the Dimensional Standards which is attached as Appendix 4. I. Setback from public rights-of-way: Any building that is erected, reconstructed, or moved shall be setback a minimum of 20 feet from the right-of-way line. J. Height Requirements. Maximum building height shall not exceed the heights as stated on the Dimensional Standards Chart which is attached as Appendix 4. K. Open Space Requirement. The open space will be controlled by the HOA and will be generally located as shown on the Conceptual Subdivision Layout. Within the open space, there will be passive recreation areas, stormwater control devices, wooded areas, and grass. 11. Rights-of-Way Width, Street Design, and Improvements Requirements: A. Street Design. Streets shall be designed in accordance with Chapter 30 Article IV Section 30- 107 of the Town of Erwin Code of Ordinances with the following exceptions. i. Sec. 30-107(l) Horizontal curves in the alignment of street lines may be connected by a curve with a radius on the centerline of not less than 150 feet for local streets. ii. Typical street sections shall follow the detail shown in Appendix 3. The proposed typical section provides a 40’ ROW with 5’ utility easements on each side of the ROW. The section includes 11’ lanes, 30” roll curb, a 1.5’ grass strip and 5’ sidewalk on one side of the street while the other side has a 6.5’ grass strip. Outside of the ROW the typical section will include a 5’ utility easement on both sides. B. The Developer shall designate all streets with the development as Public Streets to be installed per Erwin standards and turned over to the Town upon acceptance by the Town. 12. Subdivision Improvements: A. Curbs and Gutters. Concrete curbs and gutters will be installed at the Developer’s discretion. B. Water and Sewer Service Required. All lots within the development shall have public utilities and facilities including sewer and water systems located and constructed in accordance with the 29  Subdivision Ordinance and Harnett Regional Water Standards. Using the NCDEQ Flow Rate of 360 Gallons Per Day (GPD) per Dwelling Unit, the maximum water and sewer required for this development at full build out will be 88,920 GPD. The proposed development is scheduled to develop over a 5- year period. Therefore, it is anticipated that approximately 17,784 GPD annually will be requested to fulfill the Development Plan. G. Street Signs. The developer and/or HOA will install regulatory traffic control signs, advisory and warning signs, and street name signs in accordance with Town of Erwin standards. I. Solid Waste Improvements. All residential lots will utilize roll out carts. No specific solid waste improvements are anticipated. 13. Storm Drainage: A. Enclosed Surface Drains. Exclusive of perennial and intermittent streams, all watercourses that require an eighteen-inch pipe or less to carry the ten-year design storm shall be piped. Watercourses means ditches, canals, collector systems, etc., intended to carry surface runoff from or through the development. 14. Project Phasing: A project of this size requires phased construction. The entrance location and utilities determine the direction of phasing for future phases. The developer reserves the right to adjust the number and timing of phasing as market conditions and financial constraints allow. 15. Public Streets in the Development: All the streets in the development will be public streets. Notes: Appendix 1 Conceptual Plan Appendix 2 Legal Description Appendix 3 Street Section Appendix 4 Dimensional Standards Chart 30  Bryant Rd PUD Proposal – DIMENSIONAL STANDARDS Minimum Lot Minimum Lot Front Setback Parking Space Maximum Use Type: Frontage (at Size (from a public Side Setback Rear Setback Requirements* Height building line) (in Square Feet) ROW) Single Family Detached 40’ 4,800 20’ 5’ 15’ 2 35’ (40’) Single Family Detached 20’ 1,400 3.255 20’ 0’ 3’ 15’ 1 35’ (31’ replace THs) *Garages and driveways shall count towards the required parking spaces. 31 Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² County Boundary Service Laterals Ingress_Egress B1 R-20 City Limits Gravity Electric B2 R10 2-5 Force Main Drainage C-3 R6 6 - 36 Road Centerlines Parcels M1 RD StepFM US R-10 Harnett.org/GIS ETJ March 28, 2025 32 Feet 0 680 Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² County Boundary StepFM Road Centerlines Drainage City Limits Service Laterals US Parcels 2-5 Gravity Ingress_Egress 6 - 36 Force Main Electric Harnett.org/GIS March 28, 2025 33 Feet 0 680 CE-01 34 CE-02 35 CE-03 36  SPECIAL USE REQUEST STAFF REPORT Case: SUP-2025-002 Dylan Eure, Town Planner deure@erwin-nc.org Phone: (910) 591-4201 Fax: (910) 897-5543 Public Hearing Date: Thursday, June 5th, 2025 Request to amend the Bryant / St. Matthews granted Planned Unit Development to replace previously granted 43 townhomes with 37 detached single-family homes while retaining the same amount of open space and parking at Harnett County Tax Pins 1507-33-9627.000, 1507-34-9002.000, 1507-45-1001.000, 1507-35-0329.000 located off St. Matthews and Bryant Road. Applicant Information Owner of Record: Applicant: Name: Bryant St. Matthews Investments LLC Name: Sean Johnson, True Homes Address: 2649 Brekonridge Centre Dr. STE 104 Address: 2649 Brekonridge Centre Dr. HC Tax Pin: 1507-45-1001.000 City/State/Zip: Monroe, NC 28110 City/State/Zip: Monroe, NC 28110 Name: Bryant St. Matthews Investments LLC Name: Sean Johnson, True Homes Address: 2649 Brekonridge Centre Dr. STE 104 Address: 2649 Brekonridge Centre Dr. HC Tax Pin: 1507-34-9002.000 City/State/Zip: Monroe, NC 28110 City/State/Zip: Monroe, NC 28110 Name: Bryant St. Matthews Investments LLC Name: Sean Johnson, True Homes Address: 2649 Brekonridge Centre Dr. STE 104 Address: 2649 Brekonridge Centre Dr. HC Tax Pin: 1507-33-9627.000 City/State/Zip: Monroe, NC 28110 City/State/Zip: Monroe, NC 28110 Name: Red Pill Partners LLC Name: Sean Johnson, True Homes Address: 116 College St. Address: 2649 Brekonridge Centre Dr. HC Tax Pin: 1507-35-0329.000 City/State/Zip: Matthews, NC 28105 City/State/Zip: Monroe, NC 28110 37 Property Description Address of Property: Corner of St. Matthews and Bryant Road. Harnett County Tax PIN: 1507-33-9627.000, 1507-34-9002.000, 1507-45-1001.000, 1507-35-0329.000 Acres: Approximately 56.7 acres Zoning District: R-6 Vicinity Map • See Attached Document Physical Characteristics Site Description: These four parcels total approximately 56.7 acres, with no existing structure on the property as of now under R-6 zoning. The parcel does have an approved special use permit on file for the property for a Planned Unit Development, which includes 204 detached and 43 attached single- family homes. The applicant has requested the amend the current active special use permit to remove the 43 attached single-family lots to replace them with 37 detached single-family homes with the following dimensions: 31 feet of road frontage, 3,255 square feet per parcel, 20-foot front setbacks, 3-foot side setbacks, 15-foot rear setbacks, with two parking spaces including garage space. The currently approved 37 attached single-family homes have dimensions per lot of 20 feet of road frontage, 1,400 square feet of lot size, 20-foot front setbacks, 0-foot side setbacks, and 15-foot rear setbacks, with two parking spaces, including garage space. The reason for the change, according to the applicant, is due to market shifts with townhomes and their decreasing ability to be sold quickly. With the proposed change, the applicant would decrease the overall density of the development while keeping the same amount of area for green/open space for the residents of the community. Although the new proposed lots are smaller than the other 204 already approved lots that have dimensions of 40 feet of road frontage, 4,800 square feet per parcel, and 5-foot side setbacks, the applicant does have the new homes at the same front setback of 20 feet and 15 feet for the rear setback. Surrounding Land Uses: The surrounding land uses of the four parcels are as follows. To the north of the parcels, the land is zoned under RD, with the primary uses being agricultural along with single-family homes on larger lots. To the west, there are single-family attached homes under R-6 zoning, as well as detached single-family homes on split zoned lots between R-10 and B-2. There is also M-1 zoning to the west with the use of the land being waste services and a junk yard. To the south of the development, the land uses are primarily commercial under B-2 zoning, however, some are split-zoned parcels made up of RD and B-2 zoning classifications. 38 Services Available • Electricity (Duke Energy) • Harnett Regional Water and Sewer • Erwin Police / Fire • Schools o Erwin Elementary o Coats-Erwin Middle o Triton High Zoning District Compatibility Special Use R-6 Planned Unit Developments X Staff Evaluation X Yes No The use requested is listed among the special uses in the district for which the application is made. • Reasoning:. Planned Unit Developments require a special use permit within the R-6 district. X Yes No The requested use is essential or desirable to the public convenience or welfare. • Reasoning: Approving would increase the number of housing units in Erwin’s jurisdiction while diversifying housing styles on smaller lots. X Yes No The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. Reasoning:. The proposed development will provide sufficient screening, ample open space, and significant infrastructure improvements that will be an asset to adjacent properties X Yes No The requested use will be in conformity with the Land Development Plan. • Reasoning: According to the 2023 Land Use Plan, the areas are identified for high intensity. X Yes No Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities have been or are being provided. • Reasoning: Site includes storm water drainage allocation along with new water and sewer lines being installed to serve the development. 39 X Yes No That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. • Reasoning: Adequate development entrances will be provided in accordance with Erwin and NCDOT standards. X Yes No The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Board of Commissioners. • Reasoning: With the conditions proposed, this PUD will conform to all applicable regulations of the Town of Erwin and its Code of Ordinances. Statement of Consistency According to Erwin’s 2023 Land Use Plan and the Code of Ordinances the proposed Planned Unit Development located off St. Matthews and Bryant Road. by its Tax Pins 1507-33-9627.000, 1507-34-9002.000, 1507-45-1001.000, and 1507-35-0329.000 is desirable and has met all of the requirements for the special use to be granted. Therefore it is recommended to be approved. 40  Statement of Consistency SUP-2025-002 According to Erwin’s 2023 Land Use Plan and the Code of Ordinances, the proposed Planned Unit Development located off St. Matthews and Bryant Road, known by its Tax Pins 1507-33- 9627.000, 1507-34-9002.000, 1507-45-1001.000, and 1507-35-0329.000, is desirable and has met all of the requirements for the special use to be granted. It is recommended that this amendment request be Approved. ______________________________ ____________________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 41  Statement of Inconsistency SUP-2025-002 According to Erwin’s 2023 Land Use Plan and the Code of Ordinances, the proposed Planned Unit Development located off St. Matthews and Bryant Road, known by its Tax Pins 1507-33- 9627.000, 1507-34-9002.000, 1507-45-1001.000, and 1507-35-0329.000, is not desirable and does not meet one or all of the requirements for the special use to be granted. It is recommended that this amendment request be denied. ______________________________ ____________________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 42  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: February 17, 2025 Subject: Mobile Home Park Amendment The Town of Erwin staff wishes to amend the Mobile Home Park zoning classification to update language that is no longer legal per North Carolina general states in regard to business licensing, as well as correcting language that was never implemented. This also requires any mobile home park wishing to establish to have areas designated for trash receptacles/ dumpsters. Proposed addition to Section 36-369 of Article XIII within Chapter 36: (f) Trash Receptacles- Each approved mobile home park shall have an area designated for trash containment being entirely screened by fence or containment wall. Current Section 36-373 Subsection C of Article XIII within Chapter 36: C. Issuance of initial permit and business license. (1)After receiving approval of the proposed manufactured home park plan, the administrative official is authorized to issue an initial permit. The intent of this permit is to enable the construction of the park according to the proposed plan but shall not be construed to entitle the applicant to offer spaces for rent or lease or to operate a manufactured home park. (2)If construction of the manufactured home park has not begun within 12 months from the issued date of the initial permit, the administrative official may grant an extension or the permit when the applicant shows reasonable cause for the delay. (3)When the developer has completed the construction of the manufactured home park, the developer shall apply to the administrative official for a business license. The administrative official and a representative of the county health department shall make an on-site inspection of the park. a.If the park conforms to the approved plan, the administrative official shall issue the developer a business license. 43  b.If the park does not conform with the approved plan, the administrative official shall delay issuance of the business license until it comes into conformity. (4)The business license issued to the applicant shall constitute the authority to operate the manufactured home park. The business license shall expire after a one-year period and must be renewed to be valid. (5)When a manufactured home park is to be developed in stages, the proposed plan may be submitted for the entire development; and application for a business license may be made for each stage completed. (6)Violation of any of these article requirements constitutes grounds for refusing to issue a license or renew a license or to revoke an issued license. Operating a manufactured home park without a valid license is a misdemeanor punishable under the terms of this article. (7)Manufactured home parks existing prior to the adoption of this article shall be required to obtain a conditional business license within 90 days after the adoption of this article. The conditional business license shall be issued by the administrative official when the existing manufactured home park complies with the standards contained in sections 36-369(b), 36- 370(4), 36-371(g) and 36-372. Proposed Section 36-373 Subsection C of Article XIII within Chapter 36: C. Issuance of initial permit and business license. (1)After receiving approval of the proposed manufactured home park plan, the administrative official is authorized to issue an initial permit. The intent of this permit is to enable the construction of the park according to the proposed plan but shall not be construed to entitle the applicant to offer spaces for rent or lease or to operate a manufactured home park. (2)If construction of the manufactured home park has not begun within 12 months from the issued date of the initial permit, the administrative official may grant an extension or the permit when the applicant shows reasonable cause for the delay. (3)When the developer has completed the construction of the manufactured home park, the developer shall apply to inform the administrative official of the need for a business license zoning inspection. The administrative official and a representative of the county health department shall make an on-site inspection of the park. a.If the park conforms to the approved plan, the administrative official shall approve the zoning inspection issue the developer a business license. b.If the park does not conform with the approved plan, the administrative official shall deny the zoning inspection delay issuance of the business license until it comes into conformity. 44 (4)The approved zoning inspection business license issued to the applicant shall constitute the authority to operate the manufactured home park. The zoning inspection business license shall expire after a one-year period and must be renewed to be valid. (5)When a manufactured home park is to be developed in stages, the proposed plan may be submitted for the entire development, and an application for a zoning inspection business license may be made for each stage completed. (6)Violation of any of these article requirements constitutes grounds for refusing to issue an approved zoning inspection or a potential fine to the park owner. license or renew a license or to revoke an issued license. Operating a manufactured home park without a valid license is a misdemeanor punishable under the terms of this article. (7)Manufactured home parks existing prior to the adoption of this article shall be required to obtain a conditional business license within 90 days after the adoption of this article. The conditional business license shall be issued by the administrative official when the existing manufactured home park complies with the standards contained in sections 36-369(b), 36- 370(4), 36-371(g) and 36-372. Statement of Consistency The proposed text amendment is compatible with all of the Town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan and Erwin’s Code of Ordinances, the proposed text amendment would update Erwin’s Mobile Home Park Ordinances to current standards. 45  Statement of Consistency Mobile Home Park Text Amendment The proposed Mobile Home Park text amendment is compatible with all of the Town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan and Erwin’s Code of Ordinances, the proposed text amendment would update Erwin’s Mobile Home Park Ordinances to current standards. It is recommended that this amendment request be Approved. ______________________________ ____________________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 46  Statement of Inconsistency Mobile Home Park Text Amendment The proposed Mobile Home Park text amendment is not compatible with all of the Town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan and Erwin’s Code of Ordinances, the proposed text amendment would NOT update Erwin’s Mobile Home Park Ordinances to current standards. It is recommended that this amendment request be denied. ______________________________ ____________________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 47  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: April 21, 2025 Subject: Permit Expiration Amendment The Town Staff of Erwin wishes to amend Chapter 36 Article XX Section 36-579 of the Code of Ordinances to increase its permit expiration period from 180 days to 1 year for the purpose of making Erwin’s Code of Ordinances congruent with the North Carolina General Statues. Current 36-579: Certificate of Zoning Compliance and Building Permit Required (a)No land shall be used or occupied and no building hereafter erected, structurally altered, or moved or its use changed until a certificate of zoning compliance shall be issued by the administrative official, except in conformity with the provisions of this article or except after written order from the board of adjustment. (b)A building permit cannot be issued by the building inspector, unless zoning compliance is certified. (c)A record of all certificates shall be kept on file in the office of the administrative official and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land involved. (d)If the work described in any zoning compliance permit has not begun within 180 days from the date of issuance thereof, said permit shall expire If after commencement, the work is discontinued for any period of 12 months or greater, the permit shall immediately expire and further work as described in the expired permit shall not proceed unless and until a new zoning compliance permit has been obtained. Proposed 36-579: Certificate of Zoning Compliance and Building Permit Required (a)No land shall be used or occupied and no building hereafter erected, structurally altered, or moved or its use changed until a certificate of zoning compliance shall be issued by the administrative official, except in conformity with the provisions of this article or except after written order from the board of adjustment. 48 (b)A building permit cannot be issued by the building inspector, unless zoning compliance is certified. (c)A record of all certificates shall be kept on file in the office of the administrative official and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land involved. (d)If the work described in any zoning compliance permit has not been exercised within 1 year 180 days from the date of issuance thereof, said permit shall expire and a new permit shall be authorized following current standards. The term "exercised," as set forth in this section, shall mean that binding contracts for the construction of the main building have been let; or in the absence of contracts that the main building is under construction to a substantial degree; or that prerequisite conditions involving substantial investment are contracted for, in substantial development, or completed (sewerage, drainage, etc.). When construction is not a part of the use, the term "exercised" shall mean that the use is in operation in compliance with the conditions set forth in the permit. Statement of Consistency The proposed text amendment is compatible with all of the Town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan and Erwin’s Code of Ordinances, the proposed text amendment would ensure that Erwin’s ordinances are following North Carolina statutes. 49  Statement of Consistency Permit Expiration Text Amendment The proposed Permit Expiration text amendment is compatible with all of the Town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan and Erwin’s Code of Ordinances, the proposed text amendment would ensure that Erwin’s ordinances follow North Carolina statutes. It is recommended that this amendment request be Approved. ______________________________ ____________________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 50  Statement of Inconsistency Permit Expiration Text Amendment The proposed Permit Expiration text amendment is not compatible with all of the Town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan and Erwin’s Code of Ordinances, the proposed text amendment would not ensure that Erwin’s ordinances follow North Carolina statutes. It is recommended that this amendment request be denied. ______________________________ ____________________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 51  BOARD OF ADJUSTMENTS MEETING MINUTES MONDAY, MARCH 17, 2025 ERWIN, NORTH CAROLINA The Town of Erwin Board of Adjustments held its regular meeting in the Erwin Municipal Building Board Room 100 West F Street, Erwin NC on Monday, February 17, 2025, at 7:00 PM. Board members present were: Chairperson Nicholas Skatell, Vice Chairperson Jim Hartman,, In-Town Board Members Kathryn Moore, Michael Jackson, Grace Watts, and Rebecca Kelly, and Out-of-Town Board Members Howard Godwin and In-Town Alternate Marsha Woodard. Board members absent were: Board Member Joshua Schmeiding, and In-Town Alternate Vanessa Lech. Town Manager Snow Bowden, Town Planner Dylan Eure, and Deputy Town Clerk Katelan Blount were present. Chairperson Nicholas Skatell called the meeting to order at 7:50 PM. CONSENT ITEMS Board Member Kathryn Moore made a motion to approve items on the consent agenda, which included the minutes of February 17, 2025, as well as the BOA-2025-001 and BOA-2025-002 Approval letters, and was seconded by Jim Hartman. The Board voted unanimously. OLD BUSINESS Town Planner Dylan Eure stated that he had no updates for the Board of Adjustments at this time. Board Member Marsha Woodard asked for clarification on a prior meeting item and traffic patterns. Town Planner Dylan Eure explained the DOT requirements outline how the traffic counts are taken into account for the apartment complex. NEW ITEMS BOA-2025-003 PUBLIC HEARING – Board Member Kathryn Moore made a motion to open the Public Hearing for BOA-2025-003, which was seconded by Jim Hartman. The Board voted unanimously. Town Planner Dylan Eure presented that Mr. Andrew Edwards, the owner of 111 W D Street, has submitted a variance of 5 feet for the setback from the side property line against S 14 Street, for the purpose of building a th detached garage. Per Erwin’s code of ordinances, detached garages are required to be 10 ft away from the property line, as well as 10 ft away from any other structures on the property. That being said, due to the coordination of 111 W D St, it prohibits the property owner from placing it anywhere else on the parcel. Town Planner Dylan Eure then showed the Board the property on Harnett County GIS to demonstrate the orientation of the structures and property lines. Town Planner Dylan Eure then pointed out that, as the Board can see from the GIS map, the property owner is a bit limited on where they can place a detached garage. There is really only the space adjacent to S 14 Street. The th property owner was present to answer any questions the Board may have. On page 72 of the agenda, the Board could 52 view the site plan, from the orientation of looking from W D, the house would be in the middle. The detached garage would be to the right. The variance, as stated, would be 5 ft from the home and 5 ft from the property line. Board Member Grace Watts asked if the garage would be on the side. Town Planner Dylan Eure stated that yes. Board Member Grace Watts asked if the garage would be inside or outside the fence. Mr. Andrew Edwards approached the podium to speak on behalf of the variance, and was sworn in by Deputy Clerk, Katelan Blount. Mr. Andrew Edwards stated that he was sorry for not showing the fence on the site plan, but that the garage would be outside of the fence. He showed the location on the site plan. Board Member Grace Watts stated that she was friends with Mr. Edwards’ neighbor, Ms. Brown, and that the fence was beautiful. Mr. Andrew Edwards asked if there were any additional questions. Board Member Grace Watts stated that the garage wasn’t attached, it was a detached garage, correct? Mr. Andrew Edwards stated that yes, it wasn’t attached. Board Member Grace Watts asked if the structure would be where Mr. Edwards currently parks his car. Mr. Andrew Edwards responded that it would be on the other side of the house. Mr. Michael Jackson asked, for this district, what the required setbacks would be. 10 foot? Town Planner Dylan Eure responded that yes, all accessory structures are required to be 10 ft away from the property line, principal structure, and from any other structure on the property. Mr. Michael Jackson asked how we would fix that. Town Planner Dylan Eure stated that he was unable to address that at this time, but would love to speak with Mr. Jackson about that at a later time. Chairperson Nicholas Skatell asked if there was anyone else present to speak in favor of the variance. No one came forward. Chairperson Nicholas Skatell asked if there was anyone present to speak against the variance. No one came forward. Chairperson Nicholas Skatell asked for a motion to close public hearing. Vice Chairperson Jim Hartman made a motion to close public hearing, which was seconded by Kathryn Moore. The Board voted unanimously. The Board went through the findings of fact for BOA-2025-003. -Andrew Edwards, who is the property owner of 111 W D Street, has submitted a variance in the amount of 5 feet for the setback from the home, along with the side property line against S 14 Street for the purpose of building th a detached garage. Per Erwin’s Zoning Ordinances, detached garages are required to be 10 ft away from the property line, along with 10 ft away from any other structure placed on the property. The Board then went through the Staff Evaluation. -Rebecca Kelly made a motion in the affirmative, stating that there are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography that are not applicable to other lands or structures in the same district. -Reasoning: Due to the parcels size and placement of home, it prohibits the property owner from placing a detached garage anywhere else on the property. 53 The motion was seconded by Kathryn Moore. The Board voted unanimously. -Board Member Kathryn Moore made a motion in the affirmative, stating that granting the variance requested will not confer upon the applicant any special privileges denied to other residents of the district in which the property is located. -Reasoning: Any other property that share similar circumstances would have the ability to apply for a variance if they could not place a detached garage on their property in a way that would be conforming to the Town of Erwin’s Zoning Ordinances. The motion was seconded by Jim Hartman. The Board voted unanimously. -Board Member Jim Hartman made a motion in the affirmative, stating that a literal interpretation of the provisions of this ordinance will deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located. -Reasoning: By denying this hardship variance, it would deprive the property of rights commonly enjoyed by other residents of the district in which the property is located. The motion was seconded by Jim Hartman. The Board voted unanimously. Board Member Rebecca Kelly made a motion in the affirmative, stating that the requested variance will be in harmony with the purpose and intent of this ordinance and will not be injurious to the neighborhood or the general welfare. -Reasoning: There is no evidence that the addition of the detached garage would be injurious to the surrounding neighborhood. The motion was seconded by Kathryn Moore. The Board voted unanimously. -Board Member Jim Hartman made a motion in the affirmative that the special circumstances are not the result of the actions of the applicant. -Reasoning: None of the applicant’s actions were the cause of the requirements of the variance. The motion was seconded by Howard Godwin. The Board voted unanimously. -Board Member Kathryn Moore made a motion in the affirmative, stating that the variance requested is the minimum variance that will make possible the legal use of the land, building, or structures. -Reasoning: The variance in the amount of 5ft for both the property line and the home is the minimum amount that would allow the applicant to place the detached garage. The motion was seconded by Jim Hartman. The Board voted unanimously. Due to all of the statements of reasonableness being found in the affirmative and all characteristics of hardship being met and compatible with the Town of Erwin’s Code of Ordinances, said variances for the property located at 111 W S Street is approved. The motion was made by Board Member Grace Watts, and was seconded by Jim Hartman. The Board voted unanimously. BOA-2025-004 PUBLIC HEARING- Board Member Jim Hartman made a motion to open Public Hearing for BOA 2025-004, which was seconded by Grace Watts. The Board voted unanimously. Town Planner Dylan Eure explained that we are in Public Hearing for BOA-2025-004, submitted by April Odom, who is a relative of the owners, and resident of 406 E H Street. She has submitted the variance on behalf of the property owners for the amount of 1ft 1in for the side setback against the property line for a carport. Per the Town Zoning Ordinance, when a carport is placed against the primary structure, there shall be a minimum of 5 ft between 54 the carport and the property line. Unfortunately, she only as 3ft 11in, so she is a bit shy of that setback. According to the property, going out and taking a look at it, due to the topography of it, the natural plants that have grown there, the trees, kind of really prohibits her from placing the attached, not attached to the house but placed against the house, but it prohibits her from placing the carport anywhere else in the yard without getting a variance, similar to the one we just spoke about on W D Street. This is to approve the variance in the amount of 1 foot and 1 inch. Board Member Kathryn Moore asked if the applicant is only lacking the 1 foot 1 inch. Town Planner Dylan Eure replied that yes, she has 3 ft 11 inches, and just needs the variance of the 1 foot 1 inch. Board Member Grace Watts asked if the carport would be on the right hand side of the house. Town Planner Dylan Eure stated that if you’re looking at the house from E H Street, it would be on the left side of the house. Mr. Eure then showed the Board the placement on the screen using Harnett County GIS. Chairperson Nicholas Skatell asked if there was anyone present to speak in favor of the variance. Mrs. April Odom approached the podium and was sworn in by Deputy Clerk, Katelan Blount. Town Planner Dylan Eure stated that in his professional opinion, he would see this as a true hardship since the topography of the lot prevents them from being able to place the carport anywhere else on the property, so he would suggest that the Board approves. Board Member Marsha Woodard asked if there was any safety hazard for the structure being so close, and if so, if there was any specific way it needed to be attached to the home since it will be so close? Or is that not necessary? Town Planner Dylan Eyre explained that since it is just a carport, that wouldn’t really be a worry. There wouldn’t really be any combustible materials or anything like that. There wouldn’t really be a worry for any sort of harm that could come of it. Board Member Marsha Woodard asked if the carport was attached or was tilting into the home? Town Planner Dylan Eure stated that no, it will be free standing, just placed right beside the home. Board Member Grace Watts asked how much space would be between the side of the house and the carport? Would it be 1ft 1in? Town Planner Dylan Eure asked for clarification- between the carport and the home or between the carport and the property line? Board Member Grace Watts responded with the home. Town Planner Dylan Eure stated that the carport would be right up against the side of the home, which is allowed in the Ordinances, right up to the side of the house. Board Member Grace Watts stated that she rode past the property and didn’t see an issue. Chairperson Nicholas Skatell asked if there was anyone present to speak against the variance. No one came forward. Chairperson Nicholas Skatell asked if there was anyone else present to speak in favor of the variance. An audience member began to speak but when stopped and asked to be sworn in, declined to comment further. Ms. Lisa Gregory approached the podium and was sworn in by Deputy Town Clerk, Katelan Blount. Ms. Gregory stated that she is a neighbor right next to this property, and the carport will be right up against their fence. She stated that they have no problem with it, they are wonderful neighbors. They’ve been there for 20 years and are great neighbors. They have no issues with the carport being there. 55 Chairperson Nicholas Skatell asked if there were any other questions from the Board. Being none, he asked for a motion to close public hearing. Board Member Jim Hartman made a motion to close public hearing, which was seconded by Kathryn Moore. The Board voted unanimously. The Board went through the findings of fact for BOA-2025-004. Board Member Jim Hartman stated that April Odom, who is a relative of the property owners of 406 E H Street, has submitted a variance on behalf of the owners of 406 E H Street in the amount of 1 ft 1 in for the side setback against the property line for a carport. Per Erwin’s Zoning Ordinances, when a carport is placed against the primary structure, there shall be a minimum of 5 ft between the carport and the property line. -Board Member Marsha Woodard made a motion in the affirmative that there are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography that are not applicable to other lands or structures in the same district. -Reasoning: Due to the vegetation and trees on the property, it prevents the property owners from moving the carport into another area that would not require a variance. The motion was seconded by Board Member Jim Hartman. The Board voted unanimously. -Board Member Rebecca Kelly made a motion in the affirmative that granting the variance requested will not confer upon the applicant any special privileges denied to other residents of the district in which the property is located. -Reasoning: Any other property that share similar circumstances would have the ability to apply for a variance if they could not place a carport on their property in a way that would be conforming to the Town of Erwin’s Zoning Ordinances. The motion was seconded by Board Member Kathryn Moore. The Board voted unanimously. -Board Member Rebecca Kelly made a motion in the affirmative that a literal interpretation of the provisions of this ordinance will deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located. -Reasoning: By denying this hardship variance, it would deprive the property of rights commonly enjoyed by other residents and prevent the owner from placing their desired structure on the property. The motion was seconded by Board Member Kathryn Moore. The Board voted unanimously. -Board Member Marsha Woodard made a motion in the affirmative that the requested variance will be in harmony with the purpose and intent of this ordinance and will not be injurious to the neighborhood or the general welfare. -Reasoning: There is no evidence that the addition of the carport would be injurious to the surrounding neighborhood. The motion was seconded by Kathryn Moore. The Board voted unanimously. -Board Member Rebecca Kelly made a motion in the affirmative that the special circumstances are not the result of the actions of the applicant. -Reasoning: None of the applicant’s actions were the cause of the requirement of the variance. The motion was seconded by Kathryn Moore. The Board voted unanimously. -Board Member Jim Hartman made a motion in the affirmative that the variance requested in the minimum variance that will make possible the legal use of the land, building, or structures. -Reasoning: The variance in the amount of 1 ft 1 in against the side property line against 404 E H Street is the minimum amount that would allow the continuation of the carport’s placement. 56 The motion was seconded by Marsha Woodard. The Board voted unanimously. Due to all of the statements of reasonableness being found in the affirmative, and all characteristics of hardship being met and compatible with the Town of Erwin’s Code of Ordinances, said variance for the property located at 406 E H Street is approved. The motion was made by Kathryn Moore, and was seconded by Marsha Woodard. The Board voted unanimously. ADJOURNMENT Board Member Jim Hartman made a motion to adjourn the meeting at 8:14 PM and was seconded by Kathryn Moore. The Board voted unanimously. Minutes recorded and typed by Katelan Blount, Deputy Town Clerk ______________________________ ______________________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 57  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 www.erwin-nc.org Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David L. Nelson William R. Turnage To: Andrew Edwards From: Erwin Board of Adjustment Subject: BOA-2025-003 Approval Date: 4/21/2025 Please accept this letter of correspondence from the Town of Erwin as verification that the variance application petitioned by Andrew Edwards for 5 feet from the side property line as well as the home to build a detached garage at the home located at 111 W D St. was heard by the Erwin Board of Adjustment on 3/17/2025 during a public hearing. After the public hearing concluded the Erwin Board of Adjustment engaged in final deliberation which was followed by a vote that resulted in unanimous approval of the proposed variance with all of the findings of fact being found in the affirmative. If there is any further questions please contact Erwin’s Town Planner at 910-591-4201 or by email at deure@erwin-nc.org. Regards. ATTEST: Nicholas Skatell Katelan Blount Chairperson Deputy Clerk 58  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 www.erwin-nc.org Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David L. Nelson William R. Turnage To: April Odom From: Erwin Board of Adjustment Subject: BOA-2025-004 Approval Date: 4/21/2025 Please accept this letter of correspondence from the Town of Erwin as verification that the variance application petitioned by April Odom for 1 foot and 1 inch from the side property line to build a carport at the home located at 406 E H St. was heard by the Erwin Board of Adjustment on 3/17/2025 during a public hearing. After the public hearing concluded the Erwin Board of Adjustment engaged in final deliberation which was followed by a vote that resulted in unanimous approval of the proposed variance with all of the findings of fact being found in the affirmative. If there is any further questions please contact Erwin’s Town Planner at 910-591-4201 or by email at deure@erwin-nc.org. Regards. ATTEST: Nicholas Skatell Katelan Blount Chairperson Deputy Clerk 59