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e

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we'll call the meeting

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order

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uh so we'll call the meeting of the

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board of adjustments for Pender County

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on this what is today 20

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March spring spring almost

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right

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um all

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right roll

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call here Mr olon does he do this

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uh he said he was out this month he was

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out okay all right can we stand for the

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Pledge of

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Allegiance Al to the flag the United

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States of America to the Republic for

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which it stands na

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indivisible andice for all thank you

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very

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much all right um we have our current

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agenda in front of us any changes to the

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agenda Daniel that you no

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okay all right I'll take a motion to

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adopt the agenda move second all right

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all those in favor say

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I all right minutes of our last meeting

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from uh February 21st

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2024 Mr chairman if I may note one thing

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um on the on the minutes it it reflects

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uh Mr Brewer as Vice chairman should be

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Mr Keeler per per the board's vote so

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we'll make that correction very good

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thank you very

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much other questions or comments about

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the

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minutes in the order is what is is

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binding for any appeal or in not the

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minutes

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correct yeah yeah in the in the

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recording if it's right and that be

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submitted as as evidence and

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um trans made from minut yeah from

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record okay so I uh move to approve the

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minutes because they're reflective of

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the

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conversation have a motion of a

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second all right all those in favor say

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I all right motion passed minutes have

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been

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approved all right do we have anybody

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signed up for public comment this

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morning all

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right all

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right we'll move into item number seven

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our variance

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so

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um anything else or should I yes sir

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please you sure yes sir you're positive

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yes sir welome to interject anytime you

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need to all right good morning and

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welcome everyone to the board of

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adjustments meeting uh Pender County

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we're going to hear two cases today

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appeal of administrative decision 202

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24-12 and variance

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20236 before we begin it's important for

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everyone to understand some facts

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related to this meeting this is known as

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a quaide judicial proceeding which means

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it functions much like a court where one

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individual's rights are being determined

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only persons who can demonstrate that

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they will be affected by the outcome of

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the decision are allowed to participate

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as parties in the proceeding testimony

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will be limited to only those who those

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issues concerning whether the variance

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or appeal application should be granted

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modified or denied under the unified

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development ordinance and state

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statute persons providing testimony

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shall have standing in accordance with

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the North Carolina General stat statute

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160

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d-402 the purpose of the hearing is to

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gather relative evidence so that it can

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make a decision that is fair to the

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applicant neighbors and the community

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and respects the procedures and

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standards established in the unified

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development ordinance in North Carolina

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General

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statutes any board members who feel they

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cannot sit as impartial decision makers

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in today's

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proceedings if not we will continue with

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the meeting

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um I assume we have people who are going

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to testify

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today yes sir okay do we want to go

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ahead and swear everyone in who going to

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testify today we yes we can go for all

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items have sign up for 711 okay well we

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just go ahead and swear anyone who's

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going to testify in any matter in

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today's uh meeting please uh stand up

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and raise your right

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hand

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thank you very much all right we'll

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start with variance

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20236 yes sir Mr chairman if I may

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um at the at the last board meeting uh

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this case was continued the applicant

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was going to resubmit their master plan

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um they have made that resubmission and

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they've showed the cross access Corridor

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uh that was in question staff needs a

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little bit of time to evaluate the

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feasibility of that location um and so

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we're asking staff is asking to continue

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that case till the April meeting so that

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would be April

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17th okay all

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rights Mr ol will be here on

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17 I know the the May meeting was um

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unlikely to occur based on scheduling

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conflex okay so yeah so April have

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to unless we I think in May unless we

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moved yeah we could always change dates

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that's

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right I'm out seven to the 18

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Mays all right we can maybe move a

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date table Yeah but I'm fine the table

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anybody have any objection to that if if

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you're going to change the DAT if we can

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do it when you table that avoid some of

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the the notice

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issues that on right let's

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uh just look at it real quick uh April

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17th is the next meeting date yes sir

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that's the next scheduled meeting date

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are

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you I'm I'm good for that so we just

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need to firm

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up if

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um if he's not available Mr bur did I

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understand you to say move it to the 10

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yeah yeah the

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10 the the only thing I would say is um

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would it be better if we I think it

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might be better for the second case that

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we might discuss us here in a moment to

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give ourselves a little bit more time um

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perhaps the 18th or the

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24th 24th is not good for

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me I think so

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have a work calendar me but yeah I think

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so I'm off today I took to but I think I

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think Thursday morning the 18th be so

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

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a motion to table variance

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20236 to April 18 at 9:00

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a.m. second all right all those in favor

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say

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I

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oos all right there's no conflict with

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this room on that day is there I don't

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think so we can confirm that um and we

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can bomb

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F

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okay okay all right great that's uh

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that's done all right number eight

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appeal yes sir um there are a couple

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representatives of the applicant here Mr

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Scot Holmes Mr Andy McBay um we've been

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working closely with them in a similar

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scenario

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um in in discussions this morning we we

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think that we can uh work towards a

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resolution and may be able to do that

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outside of a hearing before the board of

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adjustment Mr McVey if you'd like to

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offer anything as well thank you Mr

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appreciate it very much Mr kler um board

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members Mr Thurman good to see you um

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yes so this is on for an appealed an

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administrative decision the uh location

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of a a collector Road um it would appear

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that that our client and the adjacent

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property owners have um an agreement as

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to the location of the roadway as as

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proposed the application um obviously

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that's something that we need to work

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with staff to to make sure that that

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everybody is on boarded on that and

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we're going to Endeavor to have

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conversation within the next

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several possibly as early as Friday or

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next week um to uh see whether we can

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achieve agreement it would appear that

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it would be in everyone's best interest

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uh and Cly the interest of time to

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continue the matter one single time it

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would appear that April the 18th is the magic date right now so so will

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the variance still be needed if you it's not a variance

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um excuse me yeah appeal would that

207
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still be necessary if you guys reach

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agreement um not if we reach agreement

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Mr Paper I I would say okay all right

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well I I say that I mean there is a

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possibility that we would need to come

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before you all as a formality all right

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okay so you're formally requesting we

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just move that to the 18th as well yes

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sir and then we you'll let us know if

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you work it out between now and then yes

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I Mr Adam's office we will do on okay

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all right any objection to that moving

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to

220
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the I'll

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uh table appeal case 20

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24-12 to April 18th

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2024 Board of adjustment

224
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meeting second all right motion second

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all those in favor say

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I all right thank you I guess we're good

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thank you sir for coming appreciate

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it much better if they get worked

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out way to hand

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meeting all op

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we'll give you your raise

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onil we get

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this do today tomor please all right

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sir all right number nine uh approvals

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and resolutions Amendment to the rules

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of procedure yes sir Mr chairman this is

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something that we've been discussing now

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for uh the better part of a year y uh we

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formalized the rules of procedure after

240
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multiple discussions with the board um

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you all saw this last meeting and it's

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ready to be voted on uh it's there's two

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additions aside from updating the

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language to reference

245
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160d um there are two additions to

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article four of the rules of procedure

247
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the attachment uh shows all the changes

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in

249
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red and I and J are the ones we were

250
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discussing last yes sir that's correct

251
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disc no like it because in written form

252
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it gives the chairman and the board that

253
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opportunity to limit discussion because

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we've seen it in this forum that uh you

255
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know supposed to be evidence it's not

256
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supposed to be matters of opinion or

257
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conjecture so this this gives

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that

259
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yeah all right any questions or

260
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comments keeping us up today Absolutely

261
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I'll make a motion to approve uh 9.1

262
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amendments to the rules of procedure as

263
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presented I'll second that all

264
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right all right we have a motion to

265
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Second all those in favor say I iose

266
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okay all right it is adopted thank you

267
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very much for all your work on that yes

268
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sir and if you don't mind I'll uh I'll

269
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print this if you could get it signed

270
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before you take off today that way

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we he's got exra

272
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hour I don't want to hold you up good

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can do

274
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breakfast great uh okay discussion it

275
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any other discussions for the board just

276
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looking at the website the website needs

277
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to be updated based on your

278
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thank you thank you yeah I think there's

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a couple website there's a couple

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landing pages where board members are

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outdated and different things are

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outdated because there's like two or

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three different landing pages whether

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it's Civic web or the Pender County and

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also the advertisement for our openings

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it has two districts but it only has one

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opening and it needs to say right in the

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paper right so there's also um the

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county has hired a and I may botch the word of this but essentially a

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company to build us a website so we're

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transitioning to a new website um

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essentially each department has been

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managing like kind of its own website um

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and I don't say that as an excuse for

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why things are wrong but just you know

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there is going to be a transition to to

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a new website but we'll get that

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straightened out

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okay U is there any notice requirements

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moving

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meeting because we because we Contin the

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cases to dates certain and time certain

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location certain um and we'll do our

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standard notice procedures you know that

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we normally would post property and put

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it in the

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newspaper all right so our next meeting

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date will then be Thursday April

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18th

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2024 and uh any other business for the

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board okay if not I'll take a motion to

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adjourn all

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right

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e