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Thebarn is located to the rear of the Property. The twoaccessory structures are located <br />closer to the front of the Property.One is in the middle of the Property and the other is close <br />to the western property line. <br />3.All neighboring lots are zoned LDRand are used for residential purposes or left vacant. <br />4.Pursuant to section 5-5.B of the Cabarrus County Development Ordinance,single-family <br />detached building in LDR must be setback in the front at least 75 feet from a minor collector <br />right-of-way. <br />5.On August 9, 2021, Baxter submitted a Variance Application to the Cabarrus County <br />Planning Division.The application requests relief from section 5-5.B of the Cabarrus <br />County Development Ordinance. <br />6.The application requested 45 feet of relief from the front setback requirement for LDRto <br />locate a newhome approximately 30 feet from the existing edge of the right-of-way. <br />7.Representatives of the Cabarrus Health Alliance(CHA)examined the Propertyand found <br />that shifting the location of the building would result in encroachment of the existing septic <br />system, prohibiting its use.A CHA inspectionindicated <br />higher capacity septic system than the three-bedroom system currently in place, nor can a <br />system be placed elsewhere on the property. As a result, the CHArecommended granting <br />the variance. <br />8.The steep slope over a portion of the lot, the existing septic system, and existing structures <br />prevent the applicant from building a home in any location other than the site of the previous <br />building, which does not comply with setback requirements. As such, Baxter will notbe <br />able to build a home on the property without a variance. <br />9.The proposed site plan indicates that the proposed building will have a similar size, <br />appearance, and location relative to the roadto the prior home. <br />10.Owners of the adjoining properties receivedwrittennotice ofvariance application and a sign <br />was posted on the propertyon August 24, 2021. None of the neighbors have expressed any <br />opposition to this variance. <br />11.Representatives of Cabarrus County EMS, the North Carolina Department of <br />Transportation, the Cabarrus Soil and Water Conservation District, and the Cabarrus County <br />reviewed the variance application. None of said agencies objected to the <br />application. <br />CONCLUSIONS OF LAW <br />Based on the foregoing Findings of Fact, the Board makes the followingConclusions of <br />Law: <br />2of 5 <br /> <br />