[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