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Town of North Topsail Beach
Board of Adjustment Committee Minutes
August 24, 2006
6:30 P.M.
PRESENT:
JERRY CONVY CHAIRMAN, GARY MILLER VICE CHAIRMAN, KAREN ROSE-JUSTICE,
PAULA ROWLAND, BRAD SMITH TOWN MANAGER, TERRIE WOODLE SECRETARY
NOT PRESENT:
CAROL BALDWIN, ROBERT SWANTEK ALTERNATE
OATH OF OFFICE:
All of the Board Members took the Oath of Office.
CALL TO ORDER:
Mr. Convy called the Board of Adjustments meeting to order at 6:30 pm in
the North Topsail Beach meeting room.
APPROVAL OF AGENDA:
Under approval of Agenda, Mr. Convy suggested we change # 6 from
Discussion on Variance Request- Mr. James Eves to # 5 Public Hearing on
Variance Request- Mr. James Eves. Section 7-142 Other Yard
Modifications.
Ms. Rose-Justice motioned to approve the Agenda. Mr. Miller seconded the motion, motion passed unanimously.
APPROVAL OF MINUTES:
Under approval of the minutes Mr. Smith stated that we need to change
the statement that we adjourned to recess.
Ms. Rose-Justice motioned to accept the minutes as changed. Mr. Miller seconded the motion, motion passed unanimously.
Ms. Rose-Justice motioned to open the Public Hearing on Variance Request - Mr. Eves. Mr. Miller seconded the motion, motion passed unanimously.
PUBLIC HEARING ON
VARIANCE REQUEST- MR. JAMES EVES:
Section 7-142 Other Yard Modifications
Mr. Eves, the property owner of 7513th Ave. came forward and was sworn in by Mr. Smith. Mr. Eves stated that he was told by Mr. Moore the Zoning Officer that his front steps encroached upon the front easement by 3 ft. The previous Zoning Officer told Mr. Eves all along through the whole building process that he was in compliance. The previous Building Inspector signed off on the CO..
Mr. Convy asked if he had anything in writing from the Zoning Officer for the Town of North Topsail Beach stating anything was wrong. Mr. Eves stated that no one told him anything was wrong until Mr. Moore came to work here. Mr. Eves stated that he had to submit plot plans and surveys that showed where the house was going to be. Mr. Eves stated that everything that was required by him he has done.
Mr. Convy asked the Board if they had any questions to this issue. Mrs. Rowland asked Mr. Eves if he was given the requirements and setbacks for the zone he was building in. Mr. Eves stated that he was given the requirements and he submitted all the plans. Mrs. Rowland stated that it was Mr. Eves' responsibility to make sure it is developed within the guidelines set forth within your zoning district. Mr. Eves stated that it was the Town's responsibility to check it and tell him before he got to the end of the building process. Mr. Smith stated that he went out with the Building Inspector and they did some measuring and Mr. Eves’ steps are 7.3 ft. into the setback which is 3.3 feet beyond what is allowed.
Mr. Convy had three plot plans and asked which one was filed. Mrs. Woodle stated that the first plot plan that was turned in shows the lot and the setbacks and an outline of where the dwelling will sit. The second plot plan shows exactly where the proposed dwelling will be on the lot and the third plot plan shows the final building with steps and decks. Mr. Smith stated that ultimately the responsible party is the Contractor. The Planning Administrator will not see that on the first plot plan. The Building Inspector should double check the setbacks. There is a little bit of responsibility on the Town but ultimately it is on the Contractor. Mr. Smith stated that Mr. Eves has three options; one would be to cut the deck and move the stairs up to the door. The second one is to take the stairs out and use the side entrance and the third one is the variance.
Ms. Rose-Justice motioned to close the Public Hearing. Mr. Miller seconded the motion, motion passed unanimously.
DISCUSSION AND DECISION ON VARIANCE
REQUEST- MR. JAMES EVES
Section 7-142 Other Yard Modifications
Mr. Miller felt that the Town, with the change of personnel, created a hardship on Mr. Eves. Mrs. Rowland stated that as long as the builder is given the requirements to the Zoning Ordinance, it's the builders' responsibility. Ms. Rose -Justice stated that she agreed with Mr. Miller that the Town created a hardship. Mr. Convy stated that after looking at the plans that were submitted, the Town looked at it and would have accepted it. We are not here to correct any inconvenience caused by him, we are here just to review according to the law whether or not the property is causing any hardships.
Mr. Convy also stated that the surveyor was off and I think Mr. Eves should contact his contractor and tell him it's not right.
Mr. Miller made a motion to approve the Variance, Ms. Rose- Justice seconded the motion. Mrs. Rowland was against the motion, as was Mr. Convy. The vote was 2 to 2 and the variance was not granted.
Discussion and Decision on Variance Request- Mr. Charles K. Harris
Section 7-151 Substandard Lots
Mr. Convy stated that Mr. Harris has less than 4000 sq. ft which is 500 sq ft. less than the minimum under the 80/20 rule. Mr. Convy told Mr. Harris that under our current zoning the minimum lot for a septic system is 10,000 sq. ft. There is an exception if you have public water and public sewer you can go down to 5000 sq ft.
Mr. Convy stated that in order to grant a Variance for Mr. Harris to build he would have to have a sewer tap. If we went ahead and granted the Variance the conditions would be that 1) You would have to have a sewer tap; 2) you would have to meet all the minimum setback requirements. Mr. Convy also stated that Mr. Harris would have to obtain a building permit within 6 months. If you don't get a building permit within 6 months your Variance would be null and void.
Mr. Harris asked if the Board would grant him a Variance because he can get access to a sewer tap.
Mrs. Rowland suggested that the Board tell Mr. Harris what size footprint he has to have in order to build on this lot. Mr. Smith stated that the footprint should be around 1062 sq. ft of coverage. Mr. Harris asked if the 1062 is his total sq. footage. Mr. Smith stated that the 1062 is the total footprint not the sq. foot of the house.
Mr. Dorazio stated that Mr. Harris would have to lay out the driveway and the footprint of his house, no more than 1062 whether you have two stories or three stories. Mrs. Rowland asked what the conditions would be if we granted a Variance. Mr. Convy stated that 1) the sewer tap; 2) minimum setbacks are met; 3) 30% coverage total.
Mr. Miller made a motion to grant a Variance based on those restrictions. Ms. Rose-Justice seconded the motion, motion passed unanimously
ADJOURNMENT:
Ms. Rose-Justice made a motion to adjourn. Mr. Miller seconded the motion, motion passed unanimously.
The Board of Adjustments Meeting Adjourned at 7:45 pm August 24, 2006
Terrie Woodle, Secretary Jerry Convy, Chairman