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Town of North Topsail Beach
Board of Adjustment Committee Minutes
October 19, 2006
6:30 P.M.
PRESENT:
Jerry Convy- Chairman, Robert Swantek, Paula
Rowland, Karen Rose-Justice, Deborah Hill- Zoning Administrator, Terrie
Woodle-Secretary
NOT PRESENT:
Gary Miller- Vice Chairman
OATH OF OFFICE:
Mr. Swantek took the Oath of Office.
CALL TO ORDER:
Mr. Convy called the Board of Adjustments
meeting to order at 6:45 pm 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 motioned to approve the minutes. Mrs. Rose-Justice seconded
the motion, motion passed unanimously.
PUBLIC HEARING ON VARIANCE REQUEST- MR. THOMAS & TERRY LEONARD
Section 7-142 Other Yard Modifications
Mr. & Mrs. Leonard came forward and were sworn in by Mrs. Woodle. Ms. Hill was also sworn in by Mrs. Woodle.
Mr. Convy stated that we have an application for a Variance for a staircase that extends into the setback. Mr. Convy asked Mr. & Mrs. Leonard if they wanted to speak on their behalf as to why they feel this variance should be granted.
Mrs. Leonard stated that in January 2004 they contracted to have the house built, the intention was to have it finished in March 2005. The ground was done, the pilings were put in and the modules were delivered in August 2004. The modules were set September 1st & 2nd. The steps were placed in November 2004, we had quite a few delays, but in the end Mr. Leonard went to Iraq in March 2005 and the day after he left our builder walked off the job. Mrs. Leonard stated that she was left to try to finish the house. I had several delays and several visits from Mr. Casey the Building Inspector where he asked that certain things be done to bring the house to compliance, one of those were the steps in the dry entry which had to be rebuilt. Mrs. Leonard stated that she had the builder rebuild the steps in the dry entry like Mr. Casey asked her to. On each of the occasions Mr. Casey came out, he gave me a list of things that needed to be done and I contacted the contractor and they fixed the items on the list. Mrs. Leonard stated that the last thing to finish was the drive way, we hired an engineer and he submitted the plans to the office at Town of North Topsail Beach. Those plans included a 3-4 foot gravel pit under the stairs with piping in it for runoff so we could be in compliance with a concrete drive way. When that was finished we were ready for an Occupancy Permit. Mrs. Leonard went into the inspections Dept. and Mr. Casey was signing off on the Certificate of Occupancy and Mrs. McLaughlin, the Zoning Administrator at the time stated that she could not sign off on it because the front stairs are out of compliance. Mrs. Leonard stated that in July 2005 was the first time she knew about any problem with the front stairs. Mrs. McLaughlin and Mr. Casey gave us the Conditional Use Certificate of Occupancy. The first Variance hearing in 2006 was cancelled by Mr. Moore the Zoning Administrator at the time. Mrs. Leonard stated that letters to the neighbors had not been sent and it was not advertised in the paper so they had to cancel the hearing. The next Hearing we could not attend, and the Hearing after that there was no Quorum. Mrs. Leonard stated we are here tonight and the stairs have been there for two years. Ms. Hill spoke with our neighbor and he has told her he has no problem with the stairs. Mrs. Leonard stated at this point we are asking the Board of Adjustments to consider giving us the variance.
Mr. Leonard stated that after the Builder walked off the job it was a nightmare. Mr. Leonard stated that we would like you to consider the Variance. They encroach, but they are not a hazard.
Ms. Hill stated that she did receive a phone call from the neighbor Mr. Williams stating that he had no objections to the stairs.
Mr. Convy asked Ms. Hill if she had heard from the other neighbor at all and Ms. Hill said no.
Mrs. Rowland made a motion to close the Public Hearing. Mrs. Rose- Justice seconded the motion, motion passed unanimously.
Mrs. Rose- Justice motioned to open the discussion & decision on Variance Request. Mr. Swantek seconded the motion, motion passed unanimously.
DISCUSSION AND DECISION ON VARIANCE REQUEST- MR. THOMAS & TERRY LEONARD
Section 7-142 Other Yard Modifications
Mrs. Rowland asked if the builder that left was Mr. Ken Mills because he did sign the agreement for the building application saying he understood that it was the contractors’ responsibility to perform to the technical codes for installation or repairs of the building system as well as comply with all applicable State and Local rules and regulations. Mrs. Rowland stated that the problem is with him. Mrs. Leonard stated that it was Mr. Mills and unfortunately we are in a legal battle with him.
Mr. Swantek asked if the stairs were done by a local contractor. Mrs. Leonard stated that yes they were. Mr. Swantek asked if there was a problem getting up with him to come back and fix the steps.
Mrs. Leonard stated that he working as a Sub working for Mr. Mills and subsequently was fired by Mr. Mills. Mr. Mills had a difficult time keeping any one on the job.
Mrs. Rowland asked Ms. Hill how much in the easement we are talking about. Ms. Hill stated that it was twelve feet, but we allow for four feet so that reduces it to eight feet.
Mr. Swantek asked Mrs. Leonard if they use the front steps. Mrs. Leonard stated that yes they use the steps all the time.
Mrs. Rose-Justice stated that she was debating because she is all for helping but the dilemma she is having is that at last month’s meeting it was three feet that was unforgiving and we could not pass it. The difference now is they have had the house built for two years and the inspector has gone out on numerous occasions where as last month it hadn’t been a year and not quite finished. Mrs. Rose- Justice questioned the conflict between the two issues. Mrs. Rose- Justice asked Mrs. Leonard if they have actually been living in the house for two years. Mrs. Leonard stated they have been living in the house ever since they received the Certificate of Occupancy which was in July of 2005.
Mrs. Rose- Justice asked on this Certificate of Occupancy with Conditional Use it states that you filed an application and everything had passed but the second paragraph states that the front entry stairs must be brought into compliance within 120 days from the date of the Conditional Use Certificate of Occupancy is issued, is this the point where you started addressing the Board? Mrs. Rose- Justice stated that she was not on the board at that time. Mrs. Leonard stated yes that is right and then shortly after that Mrs. McLaughlin left and Mr. Casey left and then we were working with Mr. Moore. Mrs. Rose-Justice asked Mrs. Leonard if they only had the one neighbor. Mrs. Leonard stated yes and an empty lot on the other side.
Mr. Swantek stated that his main concern is that our hands are tied in respect; we don’t put you into this situation as a Town and we don’t make the hardships. We have to abide by the rules and being eight foot into the set back seems to be quite a bit. Mr. Swantek stated that his only problem was the contractors and that is not the Towns’ fault, it is just something that you run in to every now and again.
Mrs. Rose- Justice stated that it’s sad that the builders aren’t here for you to say this is your mess.
Mrs. Leonard stated that the person that actually put the stringer out for those stairs was David Sasser. We as a homeowner trusted the contractor doing the work and we specifically asked to use local workers.
Mr. Leonard stated that the thing that distresses him is the fact that the stairs were up a long time. Mr. Casey came out and Mrs. McLaughlin came out and walked by the stairs several times. If they had said something we would have fixed it.
Mr. Convy asked if there were any other comments. Mr. Convy stated that he felt sorry for the Leonard’s but we have laws we have to follow. The land itself has to cause the hardship; we are not here to grand Variances for problems caused by the contractor or the Sub Contractors. Our only purpose is to take a look and say this is a result of the property causing this, for instance there was something wrong with the property that you could not put the house where it is. Mrs. Leonard stated they placed the house where it is because of the huge oak tree in the back yard
Mr. Convy stated that we can’t rectify a situation because the contractor did something wrong. Mr. Convy asked if we are ready to vote.
Mr. Swantek made a motion to deny the Variance. Mrs. Rowland seconded the motion, motion passed unanimously.
ADJOURNMENT:
Mrs. Rose- Justice made a motion to Adjourn. Mr. Swantek seconded the
motion, motion passed unanimously.
The Board of Adjustments Meeting Adjourned at 7:15 pm October 19, 2006.