HomeMy WebLinkAboutC.054.93011_1290Request from Applicants John & Lillian Regan for the Billy Lee & Rebecca Carter
Property for Expansion of a Nonconforming Use for the Purpose of Expanding a Restaurant
(Location: Bill's Anchor Grill, 2189 Mecklenburg Highway, Mooresville NC): Deputy
Planning Director Steve Warren explained the four criteria, as listed in the following staff report,
needing to be met for approval of this non -conforming expansion request.
PLANNING STAFF REPORT
EXPANSION OF A NON -CONFORMING USE
OWNER: Rebecca and Billy Lee Carter APPLICANT: Lillian & John Regan
322 Midway Lake Road 17045 Freshwater Lane
Mooresville, NC 28115 Cornelius, NC 28031
(704)892-0123 (704)895-9175
LOCATION: 2189 Mecklenburg Highway, more specifically identified as PIN#4654-
35-0730. Directions: South from Mooresville on Mecklenburg Highway, property on
left at the Iredell/Mecklenburg County line.
REQUESTED ACTION: Expansion of a Non -Conforming Use
PROPOSED USE: Continued use as a restaurant.
SIZE: 3.5 acres.
EXISTING LAND USE: Local Restaurant and bar (Bill's Anchor Grill) serving
breakfast and lunch with limited menu on Friday and Saturday evenings.
SURROUNDING LAND USE: Commercial/Industrial, Residential.
WATERSHED REGULATIONS: This property is not located within a Watershed area.
TRAFFIC: In 2004 there was an average of 10,000 vehicles per day on this section of
Mecklenburg Highway. According to the Iredell County Thoroughfare Plan, this section
has a carrying capacity of 10,500 vehicles per day.
ZONING HISTORY: This property has been zoned RA since Countywide zoning took
effect in 1990.
STAFF COMMENTS: The Iredell County Zoning Ordinance allows non -conforming
uses to expand based upon the applicants meeting several criteria:
a. The enlargement will not cause substantial harm to the adjoining
property owners.
b. The enlargement will not result in traffic increases beyond the capacity
of the roads serving said use.
c. The enlargement will not result in emission of smoke, fumes, noise, odor,
or dust which will be detrimental to the character of the district or to the
health, safety, or general welfare of the community.
d. The enlargement will maintain all minimum setbacks and buffer
requirements of the use district in which said use would be permitted.
Backeround: Bill's Anchor Grill has operated at this location for many years and has a
local customer base. The applicants wish to purchase the property and expand the
restaurant's capacity. Expansion would occur to the rear of the existing building. The
applicant plans on a phased -in timeline of improvements to this building. If this request is
approved it is likely that the full expansion would not occur immediately, as considerable
investment would be required to update this building that dates to the early 1900s. This
property is located directly on Mecklenburg Highway across from property owned by
Ingersoll-Rand on the opposite side of the road. Despite the mix of commercial and
residential land -uses in the area, the South Iredell Small -Area Pian would not support an
actual rezoning of this property; therefore, the applicants seek to continue this business
via Expansion of a Non -conforming Use.
Evaluation of Criteria: The Zoning Ordinance provides the above -referenced criteria
that must be met for an applicant to expand a non -conforming use. Items A, B, and C
should be considered in light of the property's location. It is located directly on a major
highway that already contains heavy traffic volume; a rail line is located across the
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