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Town of North Topsail Beach
Board of Adjustment Committee Minutes
February 15, 2007
6:30 P.M.
PRESENT: Gary Miller- Vice Chairman, Paula Rowland, Terry Leonard, Robert Swantek, Jim Milligan, Karen Rose- Justice
NOT PRESENT: Jerry Convy- Chairman
CALL TO ORDER: Mr. Miller called the Board of Adjustment meeting to order at 6:30 p.m. in the North Topsail Beach meeting room.
APPROVAL OF AGENDA: Mrs. Rowland motioned to approve the agenda. Mr. Swantek seconded the motion, motion passed unanimously.
APPROVAL OF MINUTES: Mr. Swantek made a motion to approve the minutes. Mrs. Rowland seconded the motion, motion passed unanimously.
VARIANCE V-06-01: Ms. Hill stated that Mr. Harris was granted a Variance on August 24, 2006 in accordance with Sec. 7-151 (b). A Variance for his property was granted with the following conditions: 1) Obtain sewer tap 2) Meet minimum setbacks 3) Not to exceed 30%. Ms. Hill stated that now there is a sewer moratorium and Mr. Harris is not able to obtain a sewer tap. She stated when she read through the minutes from August there was some thought even among staff that he had 6 months to get his building permit. In reading the minutes Ms. Hill stated that Mrs. Rowland asked what the conditions would be if we granted a Variance. Mr. Convy stated that 1) The sewer taps; 2) Minimum setbacks are met; 3) 30% coverage total, Mr. Miller made a motion to grant the Variance based on those restrictions. Ms. Rose- Justice seconded the motion, motion passed unanimously. In the discussion and the final motion the 6 months was not included.
Ms. Hill stated that in some localities they do have a shelf life of 6 months, our Ordinance does not. She stated that we wanted to bring this before you to let you know what the circumstances were and staffs recommendation is that the Board agrees that the Variance was granted with no dead line opposed and the Variance was granted in accordance with Section 7-151 (b) allowing the lot to be used as a building site for a single family dwelling. The conditions imposed as far as obtaining a sewer tap, meet minimum setback and to not exceed 30% impervious coverage, those are all requirements of the Ordinance anyway. Just because the applicant is granted a Variance for one specific item does not preclude him to conform to the rest of the Ordinance. When the Board imposes conditions with respect to a project or Variance, such conditions will be stated in the Board Order and in the permits issued by the Zoning Administrator. Such permits shall remain valid only as long as the conditions upon which it is granted and the conditions imposed by the Zoning Ordinance are adhered to.
Mrs. Rowland asked if it was appropriate for the Board to put a time limit on it. Ms. Hill stated that in granting a Variance the Board may attach two such conditions regarding the location character and other features proposed building structural or use as it may deem advisable in furtherance of the purposes in this Ordinance. Violation of such conditions and safeguards when made a part of the terms under which the Variance is granted, shall be deemed a violation of this Ordinance and punishable under Section 7-80 of this Ordinance.
Mr. Swantek asked Mr. Harris if he had a problem waiting for his sewer tap. Mr. Harris stated that he had no problem waiting. Mr. Swantek asked Mr. Harris if he was going to build and not just sell the land. Mr. Harris stated that he would love to build a house on this lot.
Mr. Swantek made a motion based on staffs recommendations in accordance with Section 7-151 (b) allowing the lot to be used as a building site for a single-family dwelling. Mrs. Rowland seconded the motion, motion passed unanimously.
OTHER BUSINESS
OATH OF OFFICE: Mrs. Leonard and Mr. Milligan took the Oath of Office.
STAFF REPORTS: Section 7-271. “Subdivision” defined
Ms. Hill stated that she wanted to give the Board of Adjustment a heads up of what has been going on in the Town. She stated that there has been a lot of property in the Town that has been subdivided referencing Section 7-271 particularly paragraph (d) which states the division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the municipality as shown in the ordinance. She stated that they still have to meet the requirements of the Ordinance which is lot width, size and they would have to be fronted on a street. Ms. Hill stated that we have a lot of flag lots that were not done properly. She stated that if they were done siding with (d), they were done improperly and is an illegal subdivision. She stated that every plat that she has picked up does not meet the minimum lot width and was created after May 2nd 1990. She stated that when the Board of Adjustment granted Mr. Harris’s Variance, one condition was for a substandard lot and the plat was recorded and created before the Towns incorporation. She asked now what are we going to do with these lots that were created after 1990. She stated that the Town did not create them, the developers and surveyors created them. They were allowed to be created and recorded at the court house and permits and CO’s have been issued on the houses that stand there. She stated that it is one after another that has come across her desk.
Ms. Hill stated that she has recently received a CAMA application for a pool permit which did not meet the minimum lot width. She stated that it is not within the 80% and was created after 1990; she stated that she has no choice but to require them to get a Variance.
Mr. Miller asked how these things got out of control. Mrs. Rowland stated that prior staff was not enforcing the Ordinance.
Mrs. Rowland asked what are we going to do about these subdivisions that have been platted now that haven’t had all the lots built on since they were platted incorrectly after the Ordinance was in place. She stated that the Board of Adjustment may have to have a mass meeting with the Board of Aldermen to find out what we are going to do as a Town. Mr. Milligan stated that the Board we are sitting on right now has no choice but to go by the law.
ADJOURNMENT:
Mrs. Rose-Justice made a motion to adjourn. Mr. Swantek seconded the motion, motion passed unanimously.
The Board of Adjustment Meeting adjourned at 7:40 p.m. February15, 2007.