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Board of Adjustment

Regular Meeting

Chapel Hill, NC · September 12, 2019

AgendaMinutes

Minutes

Town Hall TOWN OF CHAPEL HILL 405 Martin Luther King Jr. Boulevard Board of Adjustment Chapel Hill, NC 27514 Meeting Minutes Chair James Bartow Katherine Murphy Vice-Chair Brian Godfrey Joseph Parrish Devon Bass Carl Schuler Michael E. Fox Andrew Strada Daniel Hatley Josephine Tetteh Phillip Lyons Thursday, September 12, 2019 6:30 PM RM 110 | Council Chamber Opening Roll Call Staff present: Bob Hagemann, Counsel to Board, Ralph Karpinos, Town Attorney, Jake Lowman, Staff Liaison to Board, Becky McDonnell, Liaison to Board Present 8 - Chair Joseph Parrish, James Bartow, Brian Godfrey, Devon Bass, Michael E. Fox, Daniel Hatley, Andrew Strada, and Josephine Tetteh Absent 3 - Vice-Chair Katherine Murphy, Phillip Lyons, and Carl Schuler Secretary reads procedures into the record Approval of Agenda Announcements Petitions Approval of Minutes 1. August 1, 2019 Meeting Minutes [19-0698] A motion was made by Parrish, seconded by Tetteh, to approve the August 1, 2019 meeting minutes. The motion carried by a unanimous vote. New Business 4. 306 N Boundary Street: Appeal of Historic District Commission [19-0702] Decision (Neighbor's Appeal) Catharine Burns, applicant, made a case for standing. Bartow, Chair, made a ruling that the applicants do not have standing based on N.C.G.S. Page 1 of 3 Board of Adjustment Meeting Minutes September 12, 2019 160A-393(d) absent any special damages claims. A motion was made by Tetteh, seconded by Hatley, to overrule the opinion of the Chair. The motion failed by the following vote and the item was dismissed for lack of standing. Aye: 3 - Bass, Hatley, and Tetteh Nay: 5 - Chair Parrish, Bartow, Godfrey, Fox, and Strada 5. 306 N Boundary Street: Appeal of Historic District Commission [19-0703] Decision (Applicant's Appeal) LeAnn Nease Brown, attorney, and Ralph Karpinos, Town Attorney, presented arguments regarding the Historic District Commission's voting procedures. Bartow, Chair, ruled that the HDC's decision on May 14, 2019 was indeed "no action" taken, and therefore the 180 day time limit for the HDC to take action on a COA application has expired and the COA is automatically approved. 2. New Member Applications [19-0699] Three candidates were interviewed by the Board. A motion was made by Godfrey, seconded by Bass, to recommend the appointment of Thomas Wortman to the regular member position, and the appointment of Thomas Grasty, Enton Hito, and Ian Morse to the alternate member positions. The motion carried unanimously. 6. Election of Officers [19-0704] A motion was made by Parrish, seconded by Strada, to nominate Parrish as Chair. By acclimation, Parrish was nominated as Chair. A motion was made by Parrish, seconded by Hatley, to nominate Murphy as Vice-Chair. By acclimation, Murphy was nominated as Vice-Chair. 7. Rules of Procedure Amendment [19-0700] This item was continued to the October 3, 2019 meeting, as not enough members were present to approve an amendment to the Rules of Procedure. Adjournment Next Meeting - October 3, 2019 Page 2 of 3 Board of Adjustment Meeting Minutes September 12, 2019 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 3 of 3

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 Katherine Murphy Vice-Chair Brian Godfrey Joseph Parrish Devon Bass Carl Schuler Michael E. Fox Andrew Strada Daniel Hatley Josephine Tetteh Phillip Lyons Thursday, September 12, 2019 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. August 1, 2019 Meeting Minutes [19-0698] Attachments: August 1, 2019 Draft Meeting Minutes New Business 2. New Member Applications [19-0699] Attachments: New Member Applications 3. Record of Historic District Commission Decision [19-0701] Regarding 306 N Boundary Street Attachments: Record of Historic District Commission Decision http://www.townofchapelhill.org Page 1 of 3 Printed on 8/22/2019 Board of Adjustment Meeting Agenda September 12, 2019 4. 306 N Boundary Street: Appeal of Historic District [19-0702] Commission Decision (Neighbor's Appeal) Attachments: Staff Memo Attachment 1 - Resolution A Attachment 2 - Resolution B Attachment 3 - Appeal Procedure Attachment 4 - Application Materials Attachment 5 - Area Map Please see Record of Historic District Commission Decision above 5. 306 N Boundary Street: Appeal of Historic District [19-0703] Commission Decision (Applicant's Appeal) Attachments: Staff Memo Attachment 1 - Resolution A Attachment 2 - Resolution B Attachment 3 - Appeal Procedure Attachment 4 - Application Materials Attachment 5 - Area Map Please see Record of Historic District Commission Decision above 6. Election of Officers [19-0704] 7. Rules of Procedure Amendment [19-0700] Attachments: Draft Amended Rules of Procedure Adjournment Next Meeting - October 3, 2019 http://www.townofchapelhill.org Page 2 of 3 Printed on 8/22/2019 Board of Adjustment Meeting Agenda September 12, 2019 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 8/22/2019

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