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Board of Adjustment

Regular Meeting

Chapel Hill, NC · February 1, 2018

AgendaMinutes

Minutes

Town Hall TOWN OF CHAPEL HILL 405 Martin Luther King Jr. Boulevard Board of Adjustment Chapel Hill, NC 27514 Action Minutes Chair James Bartow Michael E. Fox Vice-Chair Brian Godfrey Phillip Lyons Jodi Bakst Katherine Murphy Devon Bass Joseph Parrish Paul Bungard Carl Schuler Lawrence Daquioag Josephine Tetteh Thursday, February 1, 2018 6:30 PM RM 110 | Council Chamber Opening Chair Bartow called the meeting to order. Roll Call Phil Mason - Staff Liaison Michael Sudol - Assistant Staff Liaison Ralph Karpinos - Town Attorney Present 9 - Chair James Bartow, Vice-Chair Brian Godfrey, Jodi Bakst, Devon Bass, Lawrence Daquioag, Michael E. Fox, Phillip Lyons, Katherine Murphy, and Joseph Parrish Absent 3 - Paul Bungard, Carl Schuler, and Josephine Tetteh Secretary reads procedures into the record Read into the record Approval of Agenda A motion was made by Fox, seconded by Daquioag, that the agenda be approved. The motion carried by a unanimous vote. Announcements No announcements Petitions No petitions Page 1 of 4 Board of Adjustment Action Minutes February 1, 2018 Approval of Minutes A motion was made by Parrish, seconded by Murphy, that this Discussion Item be approved. The motion carried by a unanimous vote. 1. Approval of December 7, 2017 Action Minutes [18-0080] A motion was made by Parrish, seconded by Murphy, that this Discussion Item be approved. The motion carried by a unanimous vote. Old Business No old business New Business 2. 401 Nottingham Drive: Dimensional Variance [18-0065] A motion was made by Bass, seconded by Vice-Chair Godfrey, that this Discussion Item be Called into Hearing. The motion carried by a unanimous vote. A motion was made by Lyons, seconded by Vice-Chair Godfrey, to Close the Public Hearing. The motion carried by a unanimous vote. A motion was made by Vice-Chair Godfrey, seconded by Murphy, that this Discussion Item be Granted a Variance (Resolution 1A). The motion failed by the following vote: 7 Aye, 2 Nay. A motion was made by Daquioag, seconded by Lyons, that this Discussion Item be Reconsidered. The motion carried by a unanimous vote. A motion was made by Vice-Chair Godfrey, seconded by Fox, that this Discussion Item be Granted a Variance (Resolution 1A). The motion carried by a unanimous vote. 3. 108 Timberlyne Court: After-the-Fact Dimensional Variance [18-0067] A motion was made by Vice-Chair Godfrey, seconded by Bass, that this Discussion Item be Called into Hearing. The motion was unanimous. A motion was made by Parrish, seconded by Bakst, to Close the Hearing. The motion was unanimous. Page 2 of 4 Board of Adjustment Action Minutes February 1, 2018 A motion was made by Parrish that this Discussion Item be Denied a Variance (Resolution B). There was no 2nd, and the motion failed. A motion was made by Bakst, seconded by Vice-Chair Godfrey, that this Discussion Item be Granted a Variance (Resolution 1A). A motion was made by Bass, seconded by Lyons, that Resolution 1A be amended. The motion failed by the following vote: 2 Aye, 7 Nay. The unamended motion failed by the following vote: 7 Aye, 2 Nay. A motion was made by Vice-Chair Godfrey, seconded by Parrish, that this Discussion Item be closed. The motion was unanimous. Aye: 7 - Chair Bartow, Vice-Chair Godfrey, Bakst, Bass, Daquioag, Fox, and Lyons Nay: 2 - Murphy, and Parrish Discussion No discussion 4. Future Board of Adjustment Priorities [18-0068] A motion was made by Bakst, seconded by Lyons, that this Discussion Item be Called into Hearing. The motion carried by a unanimous vote. A motion was made by Vice-Chair Godfrey, seconded by Parrish, to Table discussion of the BOA Structure. The motion carried by a unanimous vote. A motion was made by Bakst, seconded by Lyons, to recommend improving public information about permitting requirements in order to minimize after-the-fact permits. The motion carried by a unanimous vote. A motion was made by Parrish, seconded by Bass, to improve recruiting for Town advisory boards that have vacancies. The motion carried by a unanimous vote. A motion was made by Bakst, seconded by Murphy, to recommend that Council consider pursuing creative ways for property owners whose property is not in compliance to come into compliance. The motion carried by a unanimous vote. Page 3 of 4 Board of Adjustment Action Minutes February 1, 2018 Adjournment Next Meeting - March 1, 2018 A motion was made by Vice-Chair Godfrey, seconded by Bakst, that the meeting be adjourned. The motion carried by a unanimous vote. Order of Consideration of Agenda Items: 1. Staff Presentation 2. Applicant’s Presentation 3. Public Comment 4. Board Discussion 5. Motion 6. Restatement of Motion by Chair 7. Vote 8. Announcement of Vote by Chair Public Charge: The Advisory Body pledges its respect to the public. The Body asks the public to conduct themselves in a respectful, courteous manner, both with the Body and with fellow members of the public. Should any member of the Body or any member of the public fail to observe this charge at any time, the Chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until a genuine commitment to this public charge is observed. Unless otherwise noted, please contact the Planning and Development Services Department at 919-969-5066; planning@townofchapelhill.org for more information on the above referenced applications. See the Advisory Boards page http://www.townofchapelhill.org/boards for background information on this Board. Page 4 of 4

Agenda

Town Hall TOWN OF CHAPEL HILL 405 Martin Luther King Jr. Boulevard Board of Adjustment Chapel Hill, NC 27514 Meeting Agenda Chair James Bartow Michael E. Fox Vice-Chair Brian Godfrey Phillip Lyons Jodi Bakst Katherine Murphy Devon Bass Joseph Parrish Paul Bungard Carl Schuler Lawrence Daquioag Josephine Tetteh Thursday, February 1, 2018 6:30 PM RM 110 | Council Chamber Opening Roll Call Secretary reads procedures into the record Approval of Agenda Announcements Petitions Approval of Minutes 1. Approval of December 7, 2017 Action [18-0080] Minutes Attachments: Board of Adjustment Action Minutes Dec 7 2017 Old Business New Business 2. 401 Nottingham Drive: Dimensional [18-0065] Variance http://www.townofchapelhill.org Page 1 of 3 Printed on 1/30/2018 Board of Adjustment Meeting Agenda February 1, 2018 Attachments: Staff Memorandum - 401 Nottingham Dr, Variance Request Attachment 1 - 401 Nottingham Dr, Resolution A Attachment 1A - 401 Nottingham Dr, Alternate Resolution A Attachment 2 - 401 Nottingham Dr, Resolution B Attachment 3 - 401 Nottingham Dr, Variance Application Attachment 4 - 401 Nottingham Dr, Area Map 3. 108 Timberlyne Court: After-the-Fact [18-0067] Dimensional Variance Attachments: Staff Memorandum - 108 Timberlyne Ct, Variance Request Attachment 1 - 108 Timberlyne Ct, Resolution A Attachment 1A - 108 Timberlyne Ct, Resolution A (Alternative) Attachment 2 - 108 Timberlyne Ct, Resolution B Attachment 3 - 108 Timberlyne Ct, Variance Application Attachment 4 - 108 Timberlyne Ct, Area Map Discussion 4. Future Board of Adjustment Priorities [18-0068] Attachments: Advisory Board Priorities Letter, January 2018 Advisory Board Priorities, January 2017 2016-2018 Council Goals Poster Adjournment http://www.townofchapelhill.org Page 2 of 3 Printed on 1/30/2018 Board of Adjustment Meeting Agenda February 1, 2018 Order of Consideration of Agenda Items: 1. Staff Presentation 2. Applicant’s Presentation 3. Public Comment 4. Board Discussion 5. Motion 6. Restatement of Motion by Chair 7. Vote 8. Announcement of Vote by Chair Public Charge: The Advisory Body pledges its respect to the public. The Body asks the public to conduct themselves in a respectful, courteous manner, both with the Body and with fellow members of the public. Should any member of the Body or any member of the public fail to observe this charge at any time, the Chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until a genuine commitment to this public charge is observed. Unless otherwise noted, please contact the Planning and Development Services Department at 919-969-5066; planning@townofchapelhill.org for more information on the above referenced applications. See the Advisory Boards page http://www.townofchapelhill.org/boards for background information on this Board. http://www.townofchapelhill.org Page 3 of 3 Printed on 1/30/2018

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