Board of Adjustment - 20 Mar 2024

Pender County, NC · 2024-03-20 · More Pender County, NC meetings · More North Carolina meetings

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Agenda

Agenda: https://pendercountync.gov/rss.aspx#agendaCenter

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[0:28] e

[4:36] we'll call the meeting

[4:40] order

[4:43] uh so we'll call the meeting of the

[4:45] board of adjustments for Pender County

[4:47] on this what is today 20

[4:50] March spring spring almost

[4:58] right

[5:02] um all

[5:04] right roll

[5:06] call here Mr olon does he do this

[5:11] uh he said he was out this month he was

[5:14] out okay all right can we stand for the

[5:18] Pledge of

[5:22] Allegiance Al to the flag the United

[5:25] States of America to the Republic for

[5:28] which it stands na

[5:31] indivisible andice for all thank you

[5:35] very

[5:39] much all right um we have our current

[5:42] agenda in front of us any changes to the

[5:45] agenda Daniel that you no

[5:49] okay all right I'll take a motion to

[5:52] adopt the agenda move second all right

[5:55] all those in favor say

[5:58] I all right minutes of our last meeting

[6:01] from uh February 21st

[6:04] 2024 Mr chairman if I may note one thing

[6:07] um on the on the minutes it it reflects

[6:10] uh Mr Brewer as Vice chairman should be

[6:13] Mr Keeler per per the board's vote so

[6:15] we'll make that correction very good

[6:17] thank you very

[6:22] much other questions or comments about

[6:25] the

[6:27] minutes in the order is what is is

[6:29] binding for any appeal or in not the

[6:32] minutes

[6:34] correct yeah yeah in the in the

[6:36] recording if it's right and that be

[6:39] submitted as as evidence and

[6:45] um trans made from minut yeah from

[6:51] record okay so I uh move to approve the

[6:55] minutes because they're reflective of

[6:56] the

[6:58] conversation have a motion of a

[7:03] second all right all those in favor say

[7:06] I all right motion passed minutes have

[7:11] been

[7:12] approved all right do we have anybody

[7:14] signed up for public comment this

[7:21] morning all

[7:23] right all

[7:25] right we'll move into item number seven

[7:28] our variance

[7:30] so

[7:31] um anything else or should I yes sir

[7:34] please you sure yes sir you're positive

[7:36] yes sir welome to interject anytime you

[7:39] need to all right good morning and

[7:40] welcome everyone to the board of

[7:41] adjustments meeting uh Pender County

[7:43] we're going to hear two cases today

[7:46] appeal of administrative decision 202

[7:48] 24-12 and variance

[7:52] 20236 before we begin it's important for

[7:54] everyone to understand some facts

[7:56] related to this meeting this is known as

[7:58] a quaide judicial proceeding which means

[8:00] it functions much like a court where one

[8:03] individual's rights are being determined

[8:05] only persons who can demonstrate that

[8:06] they will be affected by the outcome of

[8:08] the decision are allowed to participate

[8:10] as parties in the proceeding testimony

[8:12] will be limited to only those who those

[8:15] issues concerning whether the variance

[8:17] or appeal application should be granted

[8:20] modified or denied under the unified

[8:22] development ordinance and state

[8:24] statute persons providing testimony

[8:26] shall have standing in accordance with

[8:28] the North Carolina General stat statute

[8:30] 160

[8:32] d-402 the purpose of the hearing is to

[8:35] gather relative evidence so that it can

[8:37] make a decision that is fair to the

[8:39] applicant neighbors and the community

[8:41] and respects the procedures and

[8:43] standards established in the unified

[8:45] development ordinance in North Carolina

[8:47] General

[8:48] statutes any board members who feel they

[8:51] cannot sit as impartial decision makers

[8:53] in today's

[8:55] proceedings if not we will continue with

[8:58] the meeting

[9:00] um I assume we have people who are going

[9:02] to testify

[9:05] today yes sir okay do we want to go

[9:08] ahead and swear everyone in who going to

[9:10] testify today we yes we can go for all

[9:15] items have sign up for 711 okay well we

[9:19] just go ahead and swear anyone who's

[9:20] going to testify in any matter in

[9:22] today's uh meeting please uh stand up

[9:25] and raise your right

[9:28] hand

[9:36] thank you very much all right we'll

[9:39] start with variance

[9:43] 20236 yes sir Mr chairman if I may

[9:47] um at the at the last board meeting uh

[9:50] this case was continued the applicant

[9:52] was going to resubmit their master plan

[9:54] um they have made that resubmission and

[9:56] they've showed the cross access Corridor

[9:58] uh that was in question staff needs a

[10:01] little bit of time to evaluate the

[10:03] feasibility of that location um and so

[10:06] we're asking staff is asking to continue

[10:08] that case till the April meeting so that

[10:10] would be April

[10:12] 17th okay all

[10:22] rights Mr ol will be here on

[10:25] 17 I know the the May meeting was um

[10:31] unlikely to occur based on scheduling

[10:33] conflex okay so yeah so April have

[10:37] to unless we I think in May unless we

[10:41] moved yeah we could always change dates

[10:44] that's

[10:45] right I'm out seven to the 18

[10:57] Mays all right we can maybe move a

[11:00] date table Yeah but I'm fine the table

[11:03] anybody have any objection to that if if

[11:07] you're going to change the DAT if we can

[11:09] do it when you table that avoid some of

[11:11] the the notice

[11:13] issues that on right let's

[11:18] uh just look at it real quick uh April

[11:22] 17th is the next meeting date yes sir

[11:25] that's the next scheduled meeting date

[11:27] are

[11:28] you I'm I'm good for that so we just

[11:32] need to firm

[11:36] up if

[11:38] um if he's not available Mr bur did I

[11:42] understand you to say move it to the 10

[11:48] yeah yeah the

[11:50] 10 the the only thing I would say is um

[11:55] would it be better if we I think it

[11:57] might be better for the second case that

[11:58] we might discuss us here in a moment to

[12:00] give ourselves a little bit more time um

[12:03] perhaps the 18th or the

[12:12] 24th 24th is not good for

[12:27] me I think so

[12:31] have a work calendar me but yeah I think

[12:33] so I'm off today I took to but I think I

[12:36] think Thursday morning the 18th be so

[12:39] 9:00 a.m. April 18th here in M I'll make

[12:44] a motion to table variance

[12:49] 20236 to April 18 at 9:00

[12:53] a.m. second all right all those in favor

[12:57] say

[12:58] I

[12:59] oos all right there's no conflict with

[13:02] this room on that day is there I don't

[13:04] think so we can confirm that um and we

[13:07] can bomb

[13:09] F

[13:12] okay okay all right great that's uh

[13:15] that's done all right number eight

[13:17] appeal yes sir um there are a couple

[13:21] representatives of the applicant here Mr

[13:23] Scot Holmes Mr Andy McBay um we've been

[13:26] working closely with them in a similar

[13:28] scenario

[13:30] um in in discussions this morning we we

[13:33] think that we can uh work towards a

[13:35] resolution and may be able to do that

[13:37] outside of a hearing before the board of

[13:39] adjustment Mr McVey if you'd like to

[13:41] offer anything as well thank you Mr

[13:43] appreciate it very much Mr kler um board

[13:46] members Mr Thurman good to see you um

[13:49] yes so this is on for an appealed an

[13:52] administrative decision the uh location

[13:55] of a a collector Road um it would appear

[13:58] that that our client and the adjacent

[14:00] property owners have um an agreement as

[14:04] to the location of the roadway as as

[14:06] proposed the application um obviously

[14:09] that's something that we need to work

[14:10] with staff to to make sure that that

[14:12] everybody is on boarded on that and

[14:14] we're going to Endeavor to have

[14:16] conversation within the next

[14:18] several possibly as early as Friday or

[14:20] next week um to uh see whether we can

[14:23] achieve agreement it would appear that

[14:25] it would be in everyone's best interest

[14:28] uh and Cly the interest of time to

[14:31] continue the matter one single time it

[14:34] would appear that April the 18th is the magic date right now so so will

[14:39] the variance still be needed if you it's not a variance

[14:47] um excuse me yeah appeal would that

[14:50] still be necessary if you guys reach

[14:51] agreement um not if we reach agreement

[14:54] Mr Paper I I would say okay all right

[14:59] well I I say that I mean there is a

[15:01] possibility that we would need to come

[15:03] before you all as a formality all right

[15:05] okay so you're formally requesting we

[15:07] just move that to the 18th as well yes

[15:09] sir and then we you'll let us know if

[15:11] you work it out between now and then yes

[15:13] I Mr Adam's office we will do on okay

[15:18] all right any objection to that moving

[15:20] to

[15:21] the I'll

[15:25] uh table appeal case 20

[15:29] 24-12 to April 18th

[15:32] 2024 Board of adjustment

[15:34] meeting second all right motion second

[15:37] all those in favor say

[15:39] I all right thank you I guess we're good

[15:42] thank you sir for coming appreciate

[15:48] it much better if they get worked

[15:53] out way to hand

[15:57] meeting all op

[15:59] we'll give you your raise

[16:02] onil we get

[16:04] this do today tomor please all right

[16:10] sir all right number nine uh approvals

[16:13] and resolutions Amendment to the rules

[16:15] of procedure yes sir Mr chairman this is

[16:18] something that we've been discussing now

[16:20] for uh the better part of a year y uh we

[16:24] formalized the rules of procedure after

[16:26] multiple discussions with the board um

[16:28] you all saw this last meeting and it's

[16:32] ready to be voted on uh it's there's two

[16:35] additions aside from updating the

[16:37] language to reference

[16:39] 160d um there are two additions to

[16:42] article four of the rules of procedure

[16:46] the attachment uh shows all the changes

[16:49] in

[16:53] red and I and J are the ones we were

[16:56] discussing last yes sir that's correct

[17:10] disc no like it because in written form

[17:14] it gives the chairman and the board that

[17:17] opportunity to limit discussion because

[17:19] we've seen it in this forum that uh you

[17:22] know supposed to be evidence it's not

[17:23] supposed to be matters of opinion or

[17:27] conjecture so this this gives

[17:30] that

[17:38] yeah all right any questions or

[17:42] comments keeping us up today Absolutely

[17:44] I'll make a motion to approve uh 9.1

[17:48] amendments to the rules of procedure as

[17:51] presented I'll second that all

[17:54] right all right we have a motion to

[17:56] Second all those in favor say I iose

[17:59] okay all right it is adopted thank you

[18:02] very much for all your work on that yes

[18:03] sir and if you don't mind I'll uh I'll

[18:05] print this if you could get it signed

[18:08] before you take off today that way

[18:10] we he's got exra

[18:13] hour I don't want to hold you up good

[18:17] can do

[18:18] breakfast great uh okay discussion it

[18:23] any other discussions for the board just

[18:25] looking at the website the website needs

[18:27] to be updated based on your

[18:30] thank you thank you yeah I think there's

[18:32] a couple website there's a couple

[18:33] landing pages where board members are

[18:35] outdated and different things are

[18:37] outdated because there's like two or

[18:39] three different landing pages whether

[18:40] it's Civic web or the Pender County and

[18:43] also the advertisement for our openings

[18:45] it has two districts but it only has one

[18:48] opening and it needs to say right in the

[18:50] paper right so there's also um the

[18:54] county has hired a and I may botch the word of this but essentially a

[18:59] company to build us a website so we're

[19:01] transitioning to a new website um

[19:03] essentially each department has been

[19:06] managing like kind of its own website um

[19:09] and I don't say that as an excuse for

[19:11] why things are wrong but just you know

[19:13] there is going to be a transition to to

[19:15] a new website but we'll get that

[19:16] straightened out

[19:19] okay U is there any notice requirements

[19:22] moving

[19:24] meeting because we because we Contin the

[19:28] cases to dates certain and time certain

[19:30] location certain um and we'll do our

[19:33] standard notice procedures you know that

[19:35] we normally would post property and put

[19:37] it in the

[19:38] newspaper all right so our next meeting

[19:40] date will then be Thursday April

[19:43] 18th

[19:45] 2024 and uh any other business for the

[19:49] board okay if not I'll take a motion to

[19:52] adjourn all

[19:57] right

[20:27] e