Tom MacCallum

Richmond County Daily Journal

Trinity Emmanuel Holiness Church was granted the first ever variance by the Richmond County Zoning Board of Adjustment so it can construct coverings in front of its fellowship hall and over a sidewalk.

The walkways are on the Smith Street side of the church. Smith Street is a dead end street with limited traffic.

Since the coverings would be non-conforming with new Village Residential District setback requirements, a variance to those regulations was necessary. Tuesday’s action was the first variance ever granted by the board of adjustment.

Constructed before zoning, the church — like many structures in the village — sits close to the roadway.

Requirements in that district require that structures be 25 feet from the roadway. The front of the church itself is only several feet away from Entwistle Street.

For the coverings, it was necessary to ask for a variance of 12 feet for the sidewalk and 10 feet for the covering in front of the fellowship hall.

Board member Jim Lambeth expressed concern about setting a precedent the board might have to contend with in the future for similar requests. Member Fred Morris also said he was hesitant in granting variances, but in this case it would not be detrimental.

Board Chairman Harvey Melton said that in granting the variance the board should take into consideration the “footprint” of the sidewalks which were already in place.

Lambeth said he understood, but that a bar could also have a prior footprint established before zoning.

Acting as a quasi-judicial board, members agreed in making a decision to approve the variance that considerations such as “reasonable use,” “hardship,” no “adverse effects” and “in harmony” with the general purpose of the church were acceptable.

One finding was that, “The granting of the variance is necessary for the preservation and enjoyment of substantial property rights.”

Such subjective conclusions of law may be applied in the future to all such requests.

Charles Smith, a church trustee, said the coverings would enhance the property and enable safer mobility for elderly and handicapped people between the church and fellowship hall. It also provides covered walkways for them entering the church from the rear.

The coverings will not protrude from the property beyond the cement pad and walkway already in place.

Easterling request

Pamela B. Easterling asked that her request for a conditional use permit to operate an instructional and recreational facility on E. V. Hogan Drive off N.C.. 177, Hamlet, be continued to a future meeting.

During a hearing on the request, County Planner James Armstrong found out that the property in question was already being used and a building was being renovated.

When he realized no building permits had been obtained for electrical work being done, he advised the board to postpone the request until such issues involving compliance with county codes be resolved.

Armstrong said wiring for electricity without a permit was a serious violation of state law. He told Easterling not to pursue any activity at the property until the work was approved by the county building inspections department.

Easterling uses the facility as an off-site place for students at Sandhills Alternative Academy in Rockingham. She hopes to install a ropes course on the property and use the lodge being renovated.

It would also be available for community use.

Barbara Brearley, a nearby property owner, expressed concern about liability issues which might arise should people using the facility wander onto her property.

“People are unpredictable,” she said about trespassing on property. She said some people already trespass and felt greater use of the area would increase trespassing and problems with people driving four-wheel vehicles.

Her concerns extended to liabilities with accidents injuring riders, drowning in a lake on her property and the danger of fire.

Billboard request

Joseph C. Everett’s request for a conditional use permit for a billboard on U.S. 220 North at Harrington Road was also continued to a future meeting at his request.

Where he proposes the billboard is within 750 feet of an existing billboard which is not in keeping with zoning regulations.

Everett asked for time to consider placement of a billboard outside the 750-foot area.

When applicants seek permits from the county planning and zoning office, Armstrong said it was the responsibility of the applicants to research restrictions which exist in the area where the activities or structures are to be located.

Except for actual farmland, all of Richmond County is zoned in some type of district with specific restrictions.

Approvals

The following conditional use permits were granted by the board:

n Pegasus Tower Company was granted conditional use permits for telecommunications towers in 2007 but never erected them. Pegasus was again issued permits for 195-foot towers on Green Lake Road and Haywood Cemetery Road.

n With the widening of U.S. 1 north of Rockingham, Ram Agarwal and Skyline Designs is having to relocate three billboards, one on U.S. 1 North near Powers Street and two near Sandy Oaks Road. Besides granting permits to move them, the permits allow them to be erected on metal monopoles.

n Wallburg Mulch Sand and Gravel was granted a permit to relocate a sand mine operation on McBride Road across the road from a similar operation which has ended and on which land reclamation is to take place. It is also along Derby Road. Operations on the property will be surrounded by berms and buffers and operate only during daylight hours.

n The Richmond County Planning Board approved a recommendation to be sent to the Richmond County Board of Commissioners to set a hearing for rezoning property at Rosalyn Road and Old Cheraw Highway from Rural Residential to Light Industrial for Thurman Britt to operate a garage and vehicle sales lot.

The next meeting of the Richmond County Planning and Zoning Board of Adjustment will be at 7 p.m. July 20.

n Contact reporter Tom MacCallum at 997-3111, ext. 15; e-mail tmaccallum@yourdailyjournal.com.