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Town of North Topsail Beach
Board of Adjustment Committee Minutes
August 16, 2007
6:30 P.M.
PRESENT: Jerry Convy- Chairman, Gary Miller- Vice Chairman, Robert Swantek, Paula Rowland, Karen Rose- Justice, Jim Milligan, Terry Leonard, Deborah Hill- Zoning Administrator, Terrie Woodle- Secretary
CALL TO ORDER: Mr. Convy called the Board of Adjustment meeting to order at 6:40 p.m. in the North Topsail Beach meeting room.
ADOPTION OF AGENDA: Mr. Swantek moved to approve the agenda. Mr. Miller seconded the motion, motion passed unanimously.
APPROVAL OF MINUTES: Mrs. Rowland moved to approve the minutes of June 21, 2007. Mr. Swantek seconded the motion, motion passed unanimously.
New Business:
Mr. Convy asked for everyone that will be speaking on this case to come forward and be sworn in. Mrs. Woodle swore in Mrs. Hill, Mr. Tony Holmes and Ms. Judy Hooks.
Mrs. Hill read the case as follows:
- Public Hearing for CASE # V-07-02
Judy Hooks, daughter of owner Catherine Yates, is requesting a variance from Sec. 7-129 Dimensional requirements to permit construction of a single family residence. The property is zoned R-10 and does not meet the minimum required size of 10,000 square feet, as it is +/- 5,883 square feet. The lot (Tax Map Parcel 805-43) has a street address of 2394 Island Drive.
The lot was created prior to the Town’s incorporation as part of the Winterhaven Subdivision Section 7 and further described as WINHVN 7 B13A LC,D and recorded in Map Book 07 Page 069. The deed (DB 453 P 221) was recorded on 02/20/1975 for the owners, Catherine and Olive W. Yates, SR.
RECOMMENDATIONS: That the Zoning Board of Adjustment approves the request for the Variance.
Ms. Hill stated in the attachments is Ms. Hooks Variance application form, along with a plot diagram, a sketch of a sub-division block, photographs of homes in the area, building permit for one of the homes that is with in that block tax map # 805-221 that is also zoned R-10 and signed off by Mrs. McLaughlin (the zoning officer at the time) on February 6, 2003. In the attachments there is also a notice to the property owners for the Public Hearing and an advertisement for the Public Hearing and the notice that was mailed to the adjacent property owners. She stated there is a color photograph of the lot in question attached. She stated the lot is between Wicker St. and Reeves St. and Sea Shore Dr. and Island Dr. She stated the lots along Island Dr. are zoned R-10, there are five lots on the back side of that, that are zoned R-5.
Mr. Convy asked Ms. Hill if she received any replies from the letters that were sent out to adjoining property owners. Ms. Hill stated no sir, no phone calls and no letters.
Mr. Swantek asked Ms. Hill if all of the properties are R-10 and just the five lots are R-5. Ms. Hill stated yes. Mr. Swantek asked if all of them were less than 10,000 sq. ft. Ms. Hill stated yes sir; they are all approximately 5,883 sq. ft. Mr. Swantek asked why this didn’t go before the Planning Board and have the whole section rezoned R-5. Ms Hill stated the property owner has the right to either request a rezoning or a Variance. She stated there was a similar rezoning case on Goldsboro Lane and the Planning Board and the Board of Aldermen denied the rezoning in those cases. She stated the property in question has been R-10 since before the Town was incorporated, why those lots were zoned R-10 she does not know. She stated they were closer to meeting the requirements of R-5 instead of R-10, she doesn’t know why they were zoned R-10 and not R-5 to begin with. She stated if she were doing the zoning today staff would recommend them to be zoned R-5 because of the lot size.
Mrs. Rowland asked Ms. Hill if the figures on the survey taken in 1997 from Mr. Riggs have been verified. Ms. Hill stated they haven’t been verified and it is a boundary survey for an existing lot and staff does not have the authority, responsibility or the expertise to verify boundary surveys of a licensed professional surveyor.
Ms. Hill stated that as she outlined the two alternatives as far as being able to develop that property and establish a single family house, she would like all of the Board members to know that staff’s opinion is whether it was granted either a Variance or Rezoning this issue needs to be addressed and resolved otherwise she would consider it to be a takings and she thinks the court would consider the same thing especially since this lot has been on record since prior to the Town’s incorporation.
Mr. Holmes came forward to speak. He stated the property has been in the family since 1975, there was a cottage on the property that was destroyed in 1996. The survey was done in 1997 after hurricane Fran to re-establish the boundaries. He stated at that time with everything being destroyed in the Town the family decided not to do anything with it and now they would like to build. He stated they have no intention of renting it out.
Mr. Holmes stated when they decided to build he found out it was not zoned properly and if he submitted a building application it would not be approved. He stated the permit he pulled from public records for the home that is in the Board package is adjacent to their property and was permitted in 2003 and had the R-10 zoning. He stated they applied for the permit and got it they didn’t have to ask for a Variance. He stated his intentions were to do it properly.
Mr. Holmes stated on the boundary sheet that was to scale, he took his ruler and
Scaled off the offsets on there and got 34’ wide and 87’ deep, that would be the envelope that they would build. He stated even though they are requesting the Variance for the R-10 they are not requesting to change the offset requirements for R-10. He stated they would still fit the R-10 and the R-5 offset requirements with the 34x87 ft. envelope. He stated the only thing they are asking is the square footage isn’t R-10 and because in R-10 you have to be sixty foot wide and they are only fifty foot wide.
Mrs. Rose-Justice asked Mr. Holmes with the home that got destroyed with hurricane Fran was that on septic and if so is it still functional. Mr. Holmes stated yes it was on septic and he has the permit. He stated after Fran came through they had a new cap put on it and had it cleaned out. He stated they can’t get a sewer tap, he would love to have one but they have to wait like everyone else. He stated as soon as they were available they are going to switch over.
Mr. Convy asked if anyone else wanted to speak on this case. No one came forward.
Mr. Swantek made a motion to close the Public Hearing on CASE # V-07-02. Mrs. Rose- Justice seconded the motion, motion passed unanimously.
OLD BUSINESS: Item Number V. A.
ISSUE:
Clarification of Board members, Terms and Election of Officers.
Mr. Convy stated in the Board Package there is a list of members with their terms and there are a couple of problems. Mr. Swantek is a permanent member and Mr. Milligan is an alternate. Mr. Convy asked Ms. Hill if the terms were presented to the Board of Aldermen. Ms. Hill stated that she thought it was in March but she went back to the minutes and apparently it was only the Planning Board. She stated it was Staff’s intent to submit both and only submitted the Planning Board.
Mr. Convy stated he would like to change around the date the length of time the members have been on. He stated he didn’t have a problem with the terms expiring in May rather than January because in January the new Aldermen will be coming in and they don’t need the responsibility of naming new people to the Board. He asked the Board members if May was fine with them. All of the Board Members agreed that May would be fine. Mr. Convy stated what he would change is the length of terms, Mr. Miller’s term would expire in May of 2008; Mr. Convy and Mrs. Rose- Justice’s term would expire in May of 2009; Mr. Swantek and Mrs. Rowland’s term would expire in May of 2010; the vacant alternate would expire May of 2008; Mr. Milligan’s term would expire in May of 2009 and Mrs. Leonard’s term would expire in May of 2010. Mr. Convy stated that way they would only be replacing an alternate ever year and one permanent member at least every year for three years. Mr. Convy asked if any members had an objection with that. No one had any objections.
RECOMMENDATIONS:
That the Zoning Board of Adjustment review the attached term expiration schedule for compliance with Sec. 7-101 and the direct staff to make any desired changes or corrections to be forwarded to the Board of Aldermen for approval.
Mrs. Rose-Justice made a motion to present to the Board of Aldermen as the members and terms of expiration dates. Mr. Swantek seconded the motion, motion passed unanimously.
Ms. Hill stated she would put the terms and expiration dates on the Board of Aldermen’s consent agenda for next month.
Mr. Convy stated in the election of Officers he has served this past year, he wouldn’t mind remaining as Chairman unless another member is considering it.
Mrs. Rowland moved to keep the Officers as they stand. Mr. Swantek seconded the motion, motion passed unanimously.
Item Number V. B.
ISSUE: Rules of Procedure
The Zoning Board of Adjustment in North Carolina 2nd ed., Ch. 3
BACKGROUND: Chairman, Mr. Convy proposed adopting the Rules of Procedure as amended from The Zoning Board of Adjustment in North Carolina 2nd ed., Ch. 3.
RECOMMENDATIONS: That the Zoning Board of Adjustment adopts the Rules of Procedure.
The Board of Adjustment Members discussed changes in the Rules of Procedures:
RULES OF PROCEDURE
ZONING BOARD OF ADJUSTMENT,
North Topsail Beach,
North Carolina
I. GENERAL RULES
The Zoning Board of Adjustment shall be governed by the terms of North Topsail Beach: Chapter 160A, Article 19, Part 3 of the General Statutes of North Carolina and by the Zoning Ordinance of the Town of North Topsail Beach, including any special acts of the General Assembly, CAMA Land Use Plan and other ordinances of the Town of North Topsail Beach that are pertinent. All members of the Board shall thoroughly familiarize themselves with these laws.
II. OFFICERS AND DUTIES
- Chairman. A chairman shall be elected by the full membership (including alternate members) of the Board of Adjustment from among its regular members. His term of office shall be one year and until his successor is elected, beginning on July 1, and he shall be eligible for re-election. The chairman shall decide on all points of order and procedure, subject to these rules, unless directed otherwise by a majority of the Board in session at the time. The chairman shall appoint any committees found necessary to investigate any matters before the Board.
- Vice Chairman. A Vice chairman shall be elected by the Board from among its regular members in the same manner and for the same term as the chairman. He shall serve as acting chairman in the chair’s absence, and at such times he shall have the same powers and duties as the chairman.
- Secretary. A secretary shall be appointed by the chairman of the Board, either from within its membership or from outside, to hold office during the term of the chairman and /or until a successor secretary has been appointed. The secretary shall be eligible for reappointment. The secretary, subject to the direction of the chairman and the Board, shall keep all records, shall conduct all correspondence of the Board, shall arrange for all public notices required to be given, shall notify members of pending meetings and their agenda, shall notify parties to cases before the Board of its decision on such cases, and shall generally supervise the clerical work of the Board. The secretary shall keep the minutes of every Board meeting in a permanent volume. The minutes shall show the record of all important facts pertaining to each meeting and hearing, every resolution acted on by the Board, and all votes of members of the Board on any resolution or on the final determination of any question, indicating the names of members who are absent or fail to vote. If the secretary is chosen from outside the Board’s membership, he shall not be eligible to vote on any matter.
III. ALTERNATE MEMBERS
Alternate members of the Board shall attend all meetings and will vote only when regular members are absent and directed by the Chair. Regular members, on receiving notice of a special meeting that they cannot attend or on learning that they will be unable to participate in a particular case, shall give prompt notice to the Board secretary that they are unable to attend or to participate. On receiving such notice, the secretary shall, by the most expeditious means, notify an alternate member to attend. Assignments shall be rotated among the alternate members shall have the same powers and duties as regular members.
IV. RULES AND CONDUCT OF MEMBERS
- Members of the Board may be removed for cause, including violation of the rules stated below.
- Faithful attendance at all Board meetings and conscientious performance of the duties required of Board members shall be considered a prerequisite of continuing membership on the Board.
- No Board member shall take part in the hearing, consideration, or determination of any case in which he is personally or financially interested.
- No Board member shall vote on any matter that decides an application or appeal unless he has attended the public hearing on that application or appeal.
- No board member shall discuss any case with any parties thereto before the public hearing on that case; provided, however, that members may receive and /or seek information pertaining to the case from any other member of the Board, its secretary, or clerk before the hearing.
- Members of the Board shall not express individual opinions on the proper judgment of any case with any parties thereto before that case is determined. Violation of this rule shall be cause for dismissal from the Board.
V. MEETINGS
A. Regular Meetings. Regular meetings of the Board shall be held on the third Thursday of each month at 6:30 p.m. in the Committee Room of Town Hall provided that meetings may be held at any other convenient place in the town if the chairman so directs before the meeting.
- Special Meetings. The chairman may call special meetings of the Board at any time. At least [forty-eight (48) hours] written notice of the time and place of special meetings shall be given, by either the secretary or the chairman, to each member of the Board.
- Cancellation of Meetings. If there are no appeals, applications for special use permits or variances, or other business for the Board, or if so many regular and alternate members notify the secretary that they cannot attend that a quorum will not be available, the chairman may dispense with a regular meeting by giving written or oral notice to all members not less than [twenty-four (24)] hours before the time set for the meeting.
- Quorum. A quorum shall consist of [three (3)] members of the Board, but the Board shall not pass on any question relating to an appeal from a decision, order, requirement, or determination of the Building Inspector or an application for a variance or special use permit when fewer than [four (4)] members are present.
- Voting. All regular members may vote on any issue unless they have disqualified themselves for one or more of the reasons listed in Section IV. The required vote to decide appeals and applications shall be as provided in Section VI, D, 4, and shall not be reduced by any disqualification. In all other matters the vote of a majority of the members present and voting shall decide issues before the Board. [All votes must have four affirmative for it to pass.]
- Conduct of Meetings. All meetings shall be open to the public. The order of business at regular meetings shall be as follows: (a) roll call; (b) approval of minutes of the previous meeting; (c) hearing of cases; (d) reports of committees; (e) unfinished business; (f) new business; (g) consideration and determination of cases heard.
VI. APPEALS AND APPLICATIONS
- Types of Appeals. The Board shall hear and decide all appeals from and review any order, requirement, decision, or determination made by the Zoning Administrator. It shall also hear and decide all matters referred to it or on which the Zoning Ordinance of the Town of North Topsail Beach requires it to pass. In deciding appeals, the Board may hear both those based on an allegedly improper or erroneous interpretation of the ordinance and those based on alleged hardship resulting from strict interpretation of the ordinance.
- Procedure for filing Appeals. No appeal shall be heard by the Board unless notice thereof is filed within [thirty (30)] days after the interested party or parties receive notice of the order, requirement, decision, or determination by the Zoning Administrator. The applicant must file his application for a hearing with the Zoning Administrator, who shall act as clerk for the Board in receiving this notice. All applications shall be made on the form furnished for that purpose, and all information required thereon shall be complete before an appeal may be considered as having been filed.
- Hearings.
- Time. After notice of appeal is received, the Board chairman shall schedule the time for a hearing, which shall be at a regular or special meeting within [thirty-six (36)] days from the filing of such notice of appeal.
- Notice. The board shall give public notice of the hearing in a newspaper generally circulated in the Town of North Topsail Beach by advertisement published at least [five (5)] days before the date of the hearing. The Board shall mail notices of the hearing to the parties to the action appealed from, and to such other persons as the Building Inspector shall direct, at least [five(5)] days before the hearing.
Such notice shall state the location of the building or lot, the general nature of the question involved in the appeal, and the time and place of the hearing.
- Conduct of the Hearing. Any party may appear in person, by agent, or by attorney at the hearing. The order of business for each hearing shall be as follows: (a) the chairman, or such person as he shall direct, shall give a preliminary statement of the case; (b) the applicant shall present the evidence and arguments in support of his application; (c) persons opposed to granting the application shall present the evidence and arguments against the application; (d) both sides shall be permitted to present rebuttals to opposing evidence and arguments; (e) the chairman shall summarize the evidence that has been presented, giving the parties opportunity to make objections or corrections. Witnesses may be called and factual evidence may be submitted, but the Board shall not be limited to consideration of such evidence as would be admissible in a court of law. The Board may view the premises before the hearing, but the facts indicated by such inspection shall be disclosed at the public hearing and made a part of the record. All witnesses before the Board shall be placed under oath, and the opposing party may cross-examine them.
- Rehearings. An application for a rehearing may be made in the same manner as an application for an original hearing. Evidence in support of the application shall initially be limited to what is necessary to enable the Board to determine whether there has been a substantial change in the facts, evidence, or conditions in the case. The Board shall deny the application for rehearing if, from the record, it finds that there has been no substantial change in facts, evidence, or conditions. If the Board finds that a change has occurred, it shall thereupon treat the request in the same manner as any other application.
- Decisions.
Time. Decisions by the Board shall be made not later than [thirty (30)] days from the time of the hearing.
Form. The Board’s final decision shall be shown in the record of the case as entered in the Board’s minutes and signed by the secretary and the chairman on approval of the minutes by the Board. Such record shall show the reasons for the determinations, with a summary of the evidence introduced and the findings of fact made by the Board. When a variance is granted, the record shall state in detail any exceptional difficulty or unnecessary hardship upon which the appeal was based and which the Board finds to exist. The decision may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from. When [an exception] [a special use permit] [a conditional use permit] is granted, the record shall state in detail any facts that support findings required to be made before such permit is issued. The record shall state in detail what, if any, conditions and safeguards the Board imposes in connection with granting of a variance or an [exception] [special use permit] [conditional use permit]. A separate record of the decision in each case shall be prepared, filed in [the City Clerk’s office] [the Office of the Register of Deeds] [the Planning Department], and furnished to the parties as specified in Subsection 5.
Expiration of permits. Unless otherwise specified, any order or decision of the Board granting [an exception] [special use permit] [conditional use permit] or a variance shall expire if the applicant does not obtain a building permit or certificate of occupancy for such use within six (6) months from the date of the decision.
Voting at Hearings. The concurring vote of four-fifths of the Board members shall be necessary to reverse any order, requirement, decision, or determination of the Building Inspector, to decide in favor of the applicant any matter on which the Board is required by ordinance to pass, or to grant a variance from the ordinance provisions. [Comment: This rule is in accord with the requirements of G.S. 160A-388 (e) and G. S. 153A-345 (e).]
Notice and Public Record of Decisions. The secretary shall give written notice of the decision in the case to the appellant and /or the applicant and to every aggrieved party who has filed a written request for such notice with the secretary or the chairman of the Board when the hearing is held. Such notice may be delivered either by personal service or by registered mail or certified mail, return receipt requested. A copy of the decision shall also be filed in [the Town Clerk’s office] [the Office of the Register of Deeds] [the Planning Department], as specified in the zoning ordinance. The decision shall be a public record, available for inspection all reasonable times. [Comment: This provision is largely based on G. S. 160A-388 (e) and G. S. 153A-345 (e).]
VII. AMENDMENTS
These rules may, within the limits allowed by law, be amended at any time by an affirmative vote of not less than [four (4)] members of the Board, provided that such amendment be presented in writing at a regular or special meeting before the meeting at which the vote is taken.
Having adopted these general rules, the Board must follow them and not adopt a special rule for a particular case. Otherwise its actions are likely to be ruled void on the ground of arbitrariness.
Mr. Swantek made a motion to adopt the Rules of Procedure, Zoning Board of Adjustment Chapter Three as amended. Mr. Miller seconded the motion, motion passed unanimously.
Discussion of proposed topics for September agenda:
Ms. Hill stated there was nothing on for next month’s agenda as of now. That may change if someone comes in next week.
Other Business:
Ms. Hill stated she has conducted 3 interviews for prospective planners. She apologized for getting the Board Packages to the members so late; she stated once she gets a new planner in here the Board members will get their packages a week before.
Public Forum:
Mr. Convy asked if anyone from the Public would like to come forward to speak. No one from the Public came forward.
Discussion and Decision:
Discussion and Decision on CASE # V-07-02 Tax Map # 805-43 2394 Island Dr.
Mrs. Rowland stated she had no problem with it because the Board of Adjustment had a case just like this with a house on a lot that was substandard, it was too small. She stated she did not have a problem building on it as long as they stay with in the required set backs. She stated she does not like the idea of septic and would like them to hook up to sewer as soon as it is available. She did however have a question on the Plat.
Mrs. Leonard asked if the house they are proposing to build is similar in size as the house that was there before. Ms. Hooks stated it was going to be a bigger house. Mrs. Leonard asked if the septic is big enough for the bigger house. Mr. Holmes stated they will have to go through that with Onslow County Health Department. Ms. Hill stated that North Topsail Beach Building Inspections Department would not be able to issue a Building Permit without a septic or sewer permit.
Ms. Hill asked Mr. Convy since they have adopted Rules of Procedure in the event the Variance was granted they would have six months to obtain a building permit. Mr. Convy stated that is correct.
Mrs. Leonard stated this should have been rezoned across the board so they wouldn’t have to keep having Variances just to grant Building Permits.
Mr. Milligan stated looking at this case and what is legally required, the owners were not at fault and they did an outstanding job trying to make sure this was done right. He stated on the other hand if the Board of Adjustment members follow the letter of the law and turn it down it would be the same as a taking because they can’t build and he thinks that is wrong.
Mr. Swantek stated he didn’t want to be involved with a taking on anyone property especially since all of the other people have the same problem and they have already allowed a 5100 sq. ft. lot to be built on. He stated it should be taken before the Board of Aldermen and have them place it in the Planning Boards hands and have it rezoned.
Mr. Miller stated that is basically how he feels; the owners didn’t create the hardship, the Town created the hardship therefore he would approve it.
Mrs. Rose- Justice stated she agrees with Mr. Miller.
Mr. Convy stated the problem he sees with it is they conform to four of the five questions on the Variance. He stated that he has a problem with the circumstances relating to this and it does not meet all of them, there are plenty of other lots that are not build upon. He thinks they should be able to build too but in looking at the guidelines they have to follow it. He stated if there is not a situation and there are other properties with the similar problem, they should be sent to the Planning Board to rezone the area. He stated in his opinion if they grant a Variance here then they would have to contend with everyone coming up in the same neighborhood because there are probably a half a dozen lots that are undeveloped. He stated in stead of making a decision he suggested letting the Planning Board go back and rezone it. He stated it’s not just the minimum lot size it doesn’t meet; it is also the maximum width. He stated if it were an R-5 lot there would be no problem. He stated they can’t say they don’t want it to go back to the Board of Aldermen because of the rezoning on Goldsboro Lane. He stated the situation on Goldsboro Lane is entirely different, in this situation the Board of Adjustment has an individual coming before them and wanting to build and meet all of the R-5 requirements, he thinks it should go before the Planning Board.
Ms. Hill stated they are coming before the Board of Adjustment tonight in the event that the Board of Adjustment did recommend them to submit a rezoning application to the Planning Board and the Board of Aldermen, and they both continued their thought process on rezoning similar to what they did on Goldsboro Lane and if they were turned down for the rezoning, they could go straight to court and say it’s a taking, they denied the Variance and the rezoning.
Mrs. Rowland stated the Board of Adjustment doesn’t have to deny the Variance; they could table it and send it to the Planning Board and Board of Aldermen and if they didn’t rezone it they could come back to the Board of Adjustment and take care of it on an individual basis. She stated that Mr. Convy is right; the whole area should be taken care of.
Mr. Swantek stated if the Board of Adjustment does not allow them to have this Variance then it is a takings due to the fact that the Town has already allowed several other homes to be built on these properties that were not conforming.
Mr. Convy stated the Board of Adjustment could continue this meeting until after the Planning Board and the Board of Aldermen have listened to it.
Mr. Swantek stated the Board of Adjustment could also grant them their Variance and then send the rest of them to the Planning Board and Board of Aldermen for a rezoning so this doesn’t happen again.
Mr. Swantek stated he would make a motion to grant their Variance and send this to the Board of Aldermen and the Planning Board and recommend to them that they need to rectify the problem in that subdivision. Mrs. Rose- Justice seconded the motion.
Mrs. Rowland stated if the Board of Adjustment turns this down now, this is their last chance if the Board of Aldermen doesn’t accept it, if the Board of Adjustment tables it they can come back to the Board of Adjustment.
Mr. Swantek stated if the Board of Adjustment turns this down they can still go before the Planning Board for the rezoning.
Mrs. Rowland asked if they got the Variance are they planning on building right away. Ms. Hooks stated yes.
Mrs. Rowland made a motion to Table the Variance until it goes through the process of the Planning Board and Board of Aldermen.
Ms. Hill stated it would be three months because she would have to have time to advertise it for the Planning Board and then advertise it for the Board of Aldermen. She stated at the very minimum it would be 90 days.
Mr. Swantek stated he has already talked to Mr. Yawn- Chairman of the Planning Board about this particular sub division and they have no intentions of doing anything with it.
Ms. Hill stated she tried addressing the Land Use Plan committee and they told her the same thing. Mrs. Rowland stated she is on the Land Use Plan Committee and she doesn’t remember hearing anything on this. Ms. Hill stated that she brought it up because to her as appropriate as it is for the owner to bring their case to either the Board of Adjustment or the Planning Board as a rezoning or a Variance, issues when ever it concerns multiple owners and multiple pieces of property in the Town overall the Land Use Plan is a vision of what the zoning should be and what you want the zoning to be. She stated once the Land Use Plan committee makes that determination and the Town adopts the Land Use Plan, that gives her something to go by when ever staff makes a recommendation for a plot to be rezoned because it would be in conformance with the CAMA Land Use Plan, until that is done she cannot give any affirmative recommendation. She stated when they were discussing Goldsboro Lane one of the Aldermen had asked her if she was advocating spot zoning, she had said no she is not and as a matter of fact she brought up those properties down on the end. She stated in her professional opinion it should have been zoned R-5 when the first planner zoned it. She stated at no time did those lots ever meet the criteria of R-10 zoning so why were they zoned R-10 instead of R- 5 from the beginning.
Mr. Milligan stated the Board has had a motion and it was seconded. The second motion did not get a second and he suggested going back to the original motion and taking care of it.
Mr. Convy asked if anyone wanted to second the second motion. No one seconded the motion, motion died.
Mr. Swantek repeated his first motion as: Granting the Variance on CASE # V-07-02 (Tax Map Parcel ID # 805-43, 2394 Island Dr.) and to send this to the Planning Board and Board of Aldermen at their next meeting and recommend them to rectify the problem in that sub division. Mrs. Rose Justice seconded the motion, motion passed unanimously.
Adjournment:
Mr. Swantek made a motion to adjourn. Mr. Miller seconded the motion, motion passed unanimously.
The Board of Adjustment meeting adjourned at 7:50 p.m. August 16, 2007.