HomeMy WebLinkAboutKS LETTER TO MARK IKERD REF VIOLATION OF SPECIAL USE PERMIT.TIF8 CATAWBA COUNTY
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w May 5, 2008
FINAN B: DIVINER : DEVELOPER
WALTERIKERD
PO BOX 2223
HICKORY, NC 281303 -2223
Case a: UCC200SA0250 Parcels: 373610088088
Location of Vlolatlon(e): 3880 60TH AV HE HICKORY NO
:alo whe County Coca Compliance Technicians, after a visual Inspection was made of goperty owned by you have found the
allowinBvbleli ms):
CATAWBA COUNTY MOO
SEC. 46320. SPECIAL USE PERMITS
(F) APPROVAL CRITERIA
(3) IMPOSED CONDITIONS
B. SUCH CONDITIONS SHALL RUN WITH THE IANDAND SWILL BE BINDING ON THE ORIGINALAPPLICANT AS WELL
AS ALL SUCCESSORS, ASSIGNS, AND HEIRS.
FAILURE TO COMPLY WITH THE CONDITIONS OF SPECIAL USE PERMFQ004 -001 THAT WAS APPROVED ON MARCH 5,
20" IS A VIOLATION OF THE PERMIT AND ALL OPERATIONS $HALL C EASE IMMEDIATELY.
FER3ISA VIOLATION OF THE CATAWBA COUNTY CODE OFORDINANCE CRAPTER44.
=lease fake wrrective aGion on or heron 9Ni &2008: S -(o -oq
f you have questions or would IIke 0 meet to further d'lacuss 0e matter, pleads Net has to cell me between Sam and Spin at the
number listed below .
thank you in advance for your cooperation.
Sincerely,
4m Sue
Catawba County Utilities 0 Engineering
Coca Compliance Technician
;828)312 -5710
U CATAWBA COUNTY
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March 5, 2004
Mark 5. HsM
389454th Ave NE
Hickory, NC 28601
RE: Special Use KOW -001
Parcel I.D. 3735 -10 -46 -9488
Dear Mr. flaml
On February 24, 2004 the Catawba County Board of Adjustment approved your request for a
Permanent Wood Waste Grinding common in the R -2 Residential District on the above
referenced property with the following conditions:
1. Hours of operaln be Monday - Thursday 10 am -2par;
2. Pave an additional 400.fi Pavel asphalt rest funning with eastern boundary ofproperty line
where it beam m the west of the gender site;
3. Add an additiwal row of Leyland cypresses to coincide with existing plants along the aoutheern
boundary athe property t0 sublime 75 %opacity within two years;
4. Any grinder unit be sn back at least 500- ft trom prinuple dwelling add also meet the requirtd
100 -R setback Gom rear pmpetty lines; and
5. romp permanent markers on property toshow 50 -R setbacks for mulch piles.
If you have quesloas concerning this matter, you may call my office at 828465 -8382.
Sincerely, j
ring �9
Dona H. Iona
Zoning Administrator
AlTeeping the Spirit Alive Since 1842!_
STATE OF NORTH CAROLINA CATAWBA COUNTY
COUNTYOFCATAWBA BOARD OF ADJUSTMENT
In me matter of
W. Stephen Ikerd and Mark S. Heard DECISION
Application for a Special Use Permit
Woad Wnste Grinding Operation. Permanent
This matter came on for tiering before the February 24, 2004 mating of the Catawba
County Board of Adjustment, Dennis Scri Chair, presiding. Other Board members
present were Richard Thompson, Vice - Chair, Council Williams, Gordon Kind and I.rny
Johnson.
Also preens went Inky Eubanks, Planning Director; Donna Jones, Zoning
Administrator, J. David Abernethy, Attorney for the Board; and Iris Riddle, Recording
Secretary.
Based upon a full evidentiary hearing ar which all parties present were allowed an
opportunity m be award and present evidence, and based upon competent, substantial and
material evidence in the record, the Board makes the following Findings of Fact:
1. On or about January 2, 2004, Applicants W. Stephen treat and Mark S.
Brad applied for a special use permit for a permanent wood waste
grinding operation on premises located in Catawba County, North
Carried, and owned by Applicant W. Stephen Board located at 3830. 3894
5e Ave NE, Melody, NC. The PIN number is 3735 -10 -46 -9488.
2. Applicants request that Mark S. Dead be granted authority to conduct a
permanent wood waste grinding operation on the premises from 8:00 a.m.
to 5:00 P.M. Monday to Friday, with wood waste being delivered to the
site until 6:00 p.m. Applicants also request authority to sell mulch
produced by the grinding Operation on Saturday mornings from 8:00 a.m.
until I2A0 noon on the promises.
3. The Board heard swom testimony in favor of me application from
Applicants W. Stephen Dmid and Mark S. Mud; Heir attorney, Robert
Chant; and five effort persons, many of whom are lot owners or residents
in the vicinity of the premises. The Board heard sworn testimony in
opposition to the application from Earl Weigel, President of the Shoal
Creek Cove Homeowner's Association, and approumately fourteen other
area Id owners, many of whom are residents in the vicinity of the
premrem.
4. The Board denied a prior application for the same use on the same
premises by Applicant Mark Herd's grading and hauling business on
October 29, 2002. In accordance with Catawba County Ordinance at least
twelve months have transpired before Mr. Ikerd applied Minn. Mr.
Eubanks also noted that the applicable standard had changed since the date
of the Board's dedal of the prior application. The premises currently has
a Special Use Permit for a Land Clearing At ken Debris Landfill.
5. The premises is a 10.55 -acre had bounded on the eastern portion of its
southern line by State Road 1652, known as 54 Ave NE, Masonry, having
road frontage thereon of around 117-fed, and is insisted to the northwest
of the intersection of State Road 1652 and leckie Une. The premises
extends some 930 -feet northward from Stag Road 1652 and is some 450 -
feet wide along its northern boundary. The premises is counted on the
east and north by a tract owned by Duke Energy Corportion, which has
taken no position on the application. The promises includes existing
woods which screen operations in the north and wasp no opposition has
been made from landowners; in Nose dimensions. A gravel drive, which is
paved for a short distance from the oommm margin of State Road 1652,
extends along its eastern boundary.
6. Applicant Mark Herd's residence is located on a three -acre tract bounded
on the south by State Road 1652 and to the east and north by she subject
prembees. The eastern and western boundaries of Ws residence lot are
torn handed feet long, and its northern and southem boundaries are
roughly 350 -feet long.
]. An existing first screen of Leland cypress trees extends along the eastern
boundary of the property almost in the northern margin of State Road
1652, and is loomed to the east of she said gravel drive and is on the
property of Duke Energy Corporation. A second screen of Leland cypress
trees extends along the westem boundary of me residence lot and extends
northward, intersecting the nodhem boundary of the 10.55 -acre tract. A
third screen of Leland cypress trees extends along the insistent portion of
State Read 1652 from roughly the middle of the southern line of the
residence treat to roughly the southwest comer of the 10.55 -acre tract, and
then extends northward for a short distance going the western side of the
paved portion of she gravel drive. Thus, a pert of the paved portion of the
gravel drive is flanked on both sides by Leland cypress trees. A gate has
been erected at she announce of the drive.
8. Most of the stumps and branches from land clearance operations in
Catawba County are currently taken to the county landfill located in the
southwestern portion of the county. Tracks hauling such debris must often
travel long distances on county roads to roach that destination, increasing
congestion at the landfill, hiking up available space (hero, and mudding
high costa for healing.
9. Members of the county utilities and engineering department initially asked
Applicant Mark kerd to establish a grinding operation on the subject
property, but the Board denied the prior application. Thus, many of the
witnesses were able to testify concerning the period of prior operation.
Applicants introduced a letter from the county Cones end Eughteering
Director praising the operation as a "win -win" situation sated Marsh 22,
2001; and a letter from the county Environmental health Supervisor dated
March 15, 2001, approving the promises for use as a "Beneficial Pill"
landfill.
10. The grinding operation is forecast to utilize a horizontal grinder to grind
large stumps and other large debris around two days every six months. Dn
other occasions a tab Sunder is used which is smaller and makes less
incise. The grinders are to be mobile and can be moved or removed as
desired by the operator. Mark Ikerd stated to the hoard that burning would
no longer take place on the premises. Mr. Ikerd fuller stated thaz mulch
sales were needed in order to keep the common economically feasible.
W. Grant stated that the Applicants anticipated that the Board might make
approval of the application contingent upon further conditions.
1l. Access to the premises is supplied through Sulpher Springs Road, State
Road 1529. The desired route to the premises is though State Read 1652,
which intersects Sulpher Springs Road and leads to me premises.
Unfortunately, truck traffic approaching from the west often decals along
Ilayden Drive and Jackie lane; these are residential streets in the Shoal
Creek Cove subdivision, a relatively desirable subdivision which includes
lots on Lake IJickory and provides lake access to other lots in the
subdivision. Mr. Mark Ikerd has made continuous, good faits efforts to
defuse business to those he teams to be traveling through the subdivision,
but such efforts sometimes fail to change the behavior of drivers not
employed by Mr. Ikmd. Although opponents were concerned about public
safety hazards posed by trucks on the subdivision streets traveling to the
premises, there was no testimony Mat there had ever bear a collision or
accident involving such [rucks.
12. Most of the opponents of the application discussed Most and noise which
had been caused by the prim grinding operation. Some residents
discussed vibration, Me odor of decaying mulch, and insects as well.
Several residents stated they could observe the operation through the
existing cypress screens along the southern and eastern burden of the
premises. Opponents emphatically did not want the Board to approve
Wes from the premises on Saturdays.
13. Wbile many of the opponents of the application discussed long periods of
done that lots in Shoal Creek Cove were on the market prior to sale, Me
general standards condition of no substaatial injury to property is limited
to property which is adjoining or abuNng the premises. Mr. EubaN¢ and
Mr. Abernethy advised the Board that Nose Ions customarily mean only
to properties touching the subject tract or those stoves a street from Me
subject tract. The Applicants themselves own the residence tract and
subdivivo lots marked as #5 througlo #10 on the south side of State Road
1652. The only subdivision lot which may adjoin the premises and is not
owned by the Applicants is Ut #11.
14. The premises size is more than ten acres, exceeding the five -acre
minimum lot size.
15. The proposed grinding operation has direct access to state- maintained
State Road 1652, which is of sufficient width and quality for Me operation.
The District Engineer of the North Carolina Department of Transportation
approved the driveway permit for the operation on September 16, MU,
16. The drive on the premises leading to the proposed grinder site is paved or
Shoveled. However, paving of an additional portion of Me drive is a
condition for approval as set forth below.
17. The location of the proposed grinder is more than 500.feet tram any
residential dwelling, with the exception of Applicant Mark lRerd's
residence. Board members expressed concern over Me effect of a future
sale of his residence tract separate form that of the premises her.
18. The site plan shows Me 100 fear setback from the property line for
equipment and a 50 -feet setback for storage of mulch, riot, and woad
waste.
19. While Me existing vegetation effectively screens property to the north and
west, an additional screen of trees is required on die south and a portion of
Me east of the property as set foNr below. This buffer should Sabieve 75
percent opacity within two years.
20. A leper from the Supervisor of the Composting and land Application
Branch of the North Carolina Detrainment of Environmental and Natural
Resources dared May 24, 2001, approved the premises as a Land Clearing
Dennis ]Yzatment and Processing facility. The Applicants have submitted
fanner notification forms as required, contingent upon this Board's
approval of the special use permit
21. The proposed operation is in compliance with the general plans for the
physical development of the county, will not substan did]y injure the value
of adjoining and abutting property, and complies with all required
regulations and standards.
22. Contingent upon compliance with the conditions set both below, the
proposed operation as set forth in the Application will not maredally
endanger the public health, safety, and general welfare.
Chairman Dennis Scronce made a motion to approve the application for a Special Use
Permit subject in the ope lion's compliance with the following reasonable conditions:
(1) The hours of operafion of the grinding operation, including grinding, deliveries and
pickup, and sales, shall be limited to 10 a.m. to 2 p.m., Mondays through Thursdays; (2)
the paving of the existing gravel drive along the easrem boundary of die premises from
State Road 1652 northward to the point where it hears to the west to the proposed grinder
site as shown on the plat by lames M. Bradshaw furnished with the Application; (3) the
erection of permanent steel markers to indicate the locations of the 50 feet and loo -feet
setback lines; (4) the planting of an additional row of Leland cypress immediately behind
the third screen of (.eland cypress tress which extends along the northern portion of Santa
Road 1652 from roughly the middle of the muthem line of the residence tract to roughly
the southwest comer of the 10.55 -acre hurt, and then extends northward for a short
distance along 111 western side of the paved portion of the gavel drive; and (5) any
grinder to be set back five hundred feet form the existing rosidence of Mark Dood, but not
to exceed the required fifty fact and one hundred feet property line setbacks.
The motion was seconded by Gordon IDng and received four votes, MOmber Thompson
dissenting. The motion thereby passed with a four-fifths majority.
The Application is grunted upon the conditions N stated above in the motion.
This 24'" day of February, 2004.
Dmrds Sentence,