Planning Board/Board of Adjustment — Cornelius, NC
Date: 2024-05-17

VAR 02-24
 11901 Bailey Rd
 Gate Post Height
  Board of Adjustment
• Staff would like to enter into evidence part of the Planning
  Board/Board of Adjustment packet for April 8, 2024 VAR 02-24,
  which includes the Staff Report, Exhibits A-F, and Findings of
  Fact sheet, as well as tonight’s presentation.

• The property is located at 11901 Bailey Rd

• The Applicant, Ryan Lubatty, is seeking a variance from Section
  3.3.G of the Land Development Code to exceed the 8’ height
  restriction.
Exhibit A – Application
Exhibit B – Zoning Map
Exhibit C – Vicinity Map
Exhibit D – Property Map
Exhibit E – Land Development Code
Exhibit F – Property Picture
Exhibit F – Property Picture
Exhibit F – Property Picture
Exhibit F – Second Gate
Questions?
Additional Information
Hear from the Applicant
FINDING #1
• Unnecessary hardship would result from the strict application of the
  ordinance. It shall not be necessary to demonstrate that, in the absence
  of the variance, no reasonable use can be made of the property.

• The Board Members shall make statements as to whether the evidence
  supports or does not support this finding. A motion, second and vote as
  to whether this finding has been met. Simple majority will apply.
  FINDING #2
• The hardship results from conditions that are peculiar to the property,
  such as location, size, or topography. Hardships resulting from personal
  circumstances, as well as hardships resulting from conditions that are
  common to the neighborhood or the general public, may not be the
  basis for granting a variance.

• The Board Members shall make statements as to whether the evidence
  supports or does not support this finding. A motion, second and vote as
  to whether this finding has been met. Simple majority will apply.
FINDING #3
• The hardship did not result from actions taken by the applicant or the
  property owner. The act of purchasing property with knowledge that
  circumstances exist that may justify the granting of a variance shall not
  be regarded as a self-created hardship.

• The Board Members shall make statements as to whether the evidence
  supports or does not support this finding. A motion, second and vote as
  to whether this finding has been met. Simple majority will apply.
FINDING #4
• The requested variance is consistent with the spirit, purpose, and
  intent of the ordinance, such that public safety is secured, and
  substantial justice is achieved.

• The Board Members shall make statements as to whether the evidence
  supports or does not support this finding. A motion, second and vote
  as to whether this finding has been met. Simple majority will apply.
FINAL VOTE TO GRANT/DENY VARIANCE
• Were all findings of fact met or not met?
• Six positive votes are required to grant variance.
Fruitful Roots Brewery
 REZ 05-23
 Overview
Project Location
 1.05-acre parcel on N. Main Street
 o North of Food Lion
Proposal
 Neighborhood Mixed Use (NMX) to
Conditional Zoning (CZ)
 5,251 sq. ft. Microbrewery

Applicant
 Aspirational Adventures, LLC
 Location Overview


 North of Food Lion and
  Downtown Core Area

 250-’ south of Mulberry St.

 500’ north of LKN Social
  District
 Zoning Summary


Existing Zoning:
Neighborhood
  Mixed Use
Land Use Plan Summary
 Project Overview
Site Elements
 5,251 Sq. Ft. Building Area
 o Microbrewery
 o 26 parking spaces, pervious
 paver system
 Outdoor Beer Garden
 o 3,500sf outdoor patio
 o 4,500sf activity area behind bldg.
 o Trail connection to Twinberry Ln.
 Landscape Buffer
 o 10’ buffer of existing landscaping
 in rear adjacent to townhomes
Proposed Architecture
 Community Meeting
November 16th Meeting

4-Attendees
 Topic discussed: Outdoor area layout, building interior layout,
 frequency of live music events, need for increase in beer garden
 area, and pedestrian connectivity.
 Overall, attendees seemed supportive
Staff Recommends Approval with Conditions
 TA 05-25 Planning Board
Overview: 3-Elements
1. Restructure Planning Board to create 10-voting members
 o Help expand number of perspectives in rezoning/text amendment processes
2. Retain regular (7) and alternate (3) membership structure for Board of
 Adjustment and Watershed Review Board
 o Variances require 4/5th majority vote to approve
 o Separate membership roster from Planning Board
3. Create opportunity for creation of a Planning Board subcommittee
 if/when large-scale ordinance amendments are undertaken
 o Could include outside members for subject-matter expertise


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