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Board of Adjustment

Regular Meeting

Chapel Hill, NC · November 4, 2021

AgendaMinutes

Minutes

Town Hall TOWN OF CHAPEL HILL 405 Martin Luther King Jr. Boulevard Board of Adjustment Chapel Hill, NC 27514 Meeting Minutes Chair Geoffrey Green Katherine Murphy Vice-Chair Brian Godfrey Michael Murphy Thomas Grasty Joseph Parrish Daniel Hatley Andrew Strada Enton Hito Thomas Wortman Phillip Lyons Thursday, November 4, 2021 6:30 PM Virtual Meeting Virtual Meeting Notification Board members will attend and participate in this meeting remotely, through internet access, and will not physically attend. The Town will not provide a physical location for viewing the meeting. The public is invited to attend the Zoom webinar directly online or by phone. Register for this webinar: URL After registering, you will receive a confirmation email containing information about joining the webinar in listen-only mode. Phone: 301-715-8592, Meeting ID: 848 9684 1968 Opening Roll Call Staff Present: Ann Anderson, Town Attorney; Becky McDonnell, Staff Liaison; Ralph Karpinos, Counsel to the Board Present 7 - Chair Geoffrey Green, Vice-Chair Brian Godfrey, Thomas Grasty, Enton Hito, Katherine Murphy, Michael Murphy, and Thomas Wortman Absent 4 - Daniel Hatley, Phillip Lyons, Joseph Parrish, and Andrew Strada Secretary reads procedures into the record Approval of Agenda Announcements Petitions Approval of Minutes Page 1 of 3 Board of Adjustment Meeting Minutes November 4, 2021 1. October 7, 2021 Meeting Minutes [21-0849] A motion was made by Wortman, seconded by Godfrey, to approve the October 7, 2021 meeting minutes. The motion carried by a unanimous vote. Old Business New Business 2. Down Time Franklin Street, LLC Appeal of Staff Decision [21-0850] Anderson, Town Attorney, presented the Town Staff's case, including a motion to dismiss the case based on a lack of jurisdiction over building code violations. Mansor, the applicant, presented the argument for his appeal. A motion was made by Wortman, seconded by Hito, to adopt Resolution D, a resolution granting the Town Staff's motion to dismiss the appeal based on jurisdiction. The motion carried by the following vote: Aye: 7 - Chair Geoffrey Green, Vice-Chair Brian Godfrey, Thomas Grasty, Enton Hito, Katherine Murphy, Michael Murphy, and Thomas Wortman 3. Rules of Procedure Update [21-0851] McDonnell, Staff Liaison to the Board, presented an overview of proposed updates to the Board's Rules of Procedure. A motion was made by Godfrey, seconded by Grasty, to continue the item to the December 2, 2021 meeting. The motion carried by a unanimous vote. Adjournment Next Meeting - December 2, 2021 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 Page 2 of 3 Board of Adjustment Meeting Minutes November 4, 2021 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 Department at 919-968-2728; 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 Joseph Parrish Enton Hito Vice-Chair Katherine Murphy Phillip Lyons Brian Godfrey Michael Murphy Thomas Grasty Andrew Strada Geoffrey Green Thomas Wortman Daniel Hatley Thursday, November 4, 2021 6:30 PM Virtual Meeting Virtual Meeting Notification Board members will attend and participate in this meeting remotely, through internet access, and will not physically attend. The Town will not provide a physical location for viewing the meeting. The public is invited to attend the Zoom webinar directly online or by phone. Register for this webinar: URL After registering, you will receive a confirmation email containing information about joining the webinar in listen-only mode. Phone: 301-715-8592, Meeting ID: 848 9684 1968 Opening Roll Call Secretary reads procedures into the record Approval of Agenda Announcements Petitions Approval of Minutes 1. October 7, 2021 Meeting Minutes [21-0849] Attachments: October 7, 2021 Draft Meeting Minutes Old Business http://www.townofchapelhill.org Page 1 of 3 Printed on 10/29/2021 Board of Adjustment Meeting Agenda November 4, 2021 New Business 2. Down Time Franklin Street, LLC Appeal of Staff [21-0850] Decision Attachments: Staff Memorandum Attachment 1 - Resolution A Attachment 2 - Resolution B Attachment 3 - Appeal Procedures Attachment 4 - Application Materials Attachment 5 - Town Motion to Dismiss Appeal Note: The Board’s legal advisor will have options for language for the Board to consider taking action at its meeting. 3. Rules of Procedure Update [21-0851] Attachments: Draft Revised Rules of Procedure Adjournment Next Meeting - December 2, 2021 http://www.townofchapelhill.org Page 2 of 3 Printed on 10/29/2021 Board of Adjustment Meeting Agenda November 4, 2021 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 Department at 919-968-2728; 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 10/29/2021

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