Cleveland Zoning - No to Conditional Use Permit March 2021

 

The Cleveland, North Carolina zoning board turned down a request for a conditional use exception at a special called meeting tonight 3-11-2021.

Cleveland resident, George Eller, wanted to turn on electricity to a 16x24 storage building on his property at 202 School Street. He had installed the portable building last year, and power lines had been added. But, the building did not meet zoning guidelines then or now. The issue came up when he tried to have electricity turned on. The power company would not turn on electricity with the building not to zoning standards. Eller stated that this was when he became aware of the zoning requirements. 

Since Eller was not able to have power to his storage building, he checked with Cleveland town hall and requested an exception which goes before the zoning board. 

Tonight Eller explained his dilemma and said that he was not aware of the rules beforehand. He noted that the building in question is at the back of the lot and actually appears to be with his house on Wood Street. The issue with zoning is that the building is on the School Street lot which does not have a house. R20 zoning which is residential and the most strict in town says that there can't be storage or garages on lots without houses. The way the properties are now, the shed is on the School Street lot which had a mobile home a couple of years back but does not currently have a residence. 

The most vocal board member against making an exception was James Brown. He said that there is "no reason to be here if we [zoning board] don't follow the law" in reference to evaluating the request. He said that a lot of people think there are no rules in a "one horse town," but that that someone previously had been fined for building without getting a permit. He also said that he had to move a storage building of his own that was a foot too close to the property line.

"What happens next time?" asked Brown after it was noted that this is the type of situation that is decided currently on a case by case basis with conditional use permits. "You're the one who caused the problem [by not checking about zoning laws], not this board," said Brown.

Zoning board member Chip Adkins agreed with Brown.. He said that this is a case of "trying to shut the door after the horse is out." He said that a 16x24 building is "pretty substantial" and that "you would think you would do some checking [beforehand]."  

Adkins asked if Eller could subdivide his School Street lot and get the back part added to his Wood Street property. That could put the outbuilding in compliance. And, the School Street lot would still be large enough to build a home at a later time even if some of the land was moved to the Wood Street deed. 

Zoning board member Bryan Little argued the other side. He said that the building would not have a negative impact. It "won't impact value of the adjoining properties," noted Little. He suggested that perhaps some trees or landscaping could be added to "soften" the view.

Little asked Eller if he spoken to his neighbors, and Eller said that they were fine with the building. There was notification and Little said that the neighbors could have come to the special meeting if they had concerns. 

"If we don't hold the line on this, the waters get muddier and muddier," said Adkins. "The rules are there. I think we've got to follow them."

Brown called for a vote after the discussions to deny the conditional use request.

Adkins seconded.

The final vote was 3:2.

Those in favor of the denial were:

Brown, Adkins, and Leonard Hall

Those opposed were:

Adkins and Grayson Phillips

The conditional use permit was not approved.