Planning Commission (PC)

Durham Board of Adjustment MINUTES February 25, 2014  8:30 a.m. Committee Room, 2nd Floor, City Hall Members Present: Angie Elkins Sandy Ogburn Natasha Nazareth-Phelps, Vice Chair David Lowe, Alternate George Kolasa, Chair Alisa Thomas, Alternate Damian Makarushka Randal Rogers Members Absent: Rhonda Foster-Murphy, Alternate Phillip Harris, Jr. Staff Present: Don O’Toole, City Attorney Brian Wardell, County Assistant Attorney Emanuel McGirt, Assistant City Attorney Scott Whiteman, Planning Supervisor Bill Judge, Development Review Engineer Jacob Wiggins, Planner Susan Willard, Clerk Chaor Kolasa called the meeting to order at 8.32 a.m. Chair Kolasa asked: Are there any Board members that would have any conflict of interests with regard to the cases before us today? Ms. Ogburn noted that she had a conflict with Case B1300044 and asked to recuse herself. The Chair agreed to do so. Chair Kolasa then asked if there early dismissals being requested? Ms. Elkins stated she had to leave at 11:50 a.m. and Ms. Nazareth-Phelps stated she had to leave at 11:10 a.m. Chair Kolasa read: This Board is a quasi-judicial Board of record and, as such, all testimony will be recorded. The proceedings of this Board will be governed by the Unified Development Ordinance, as recorded As Chair of the Board of Adjustment, I would like to explain the procedures used for Board hearings. The hearings are quasi-judicial. The process is similar to a court proceeding. First, a staff member of the City Summary Minutes February 25, 2014 Page 2 of 7 County Planning Department will present an overview of the case. Then the applicant presents its evidence. The opponents, if there are any, will present their evidence. The applicant may then present its rebuttal. Board members are asked to refrain from questions until each speaker has completed his or her presentation. All testimony is given under oath. In a few moments, I will give the oath to all witnesses as a group. All witnesses are asked to sign the roster at the podium if you have not done so. Testimony should consist of facts each witness knows, not hearsay. All witnesses should come forward to the podium, and identify themselves each time they approach the podium. Speak directly into the microphone so their testimony can be recorded on tape. Any written evidence or exhibits must be presented to the Chair and a determination will be made whether it should be accepted. Written evidence or exhibits can be inspected by the opposing party. All evidence, written or oral, or exhibits can be objected to. Witnesses are subject to cross examination. Opposing representatives will have an opportunity to question witnesses after all witnesses for the other side have testified. If you wish to cross-examine, you may raise your hand when I ask for other speakers in favor or against the application and I will recognize you. I would like to note that Board members may have visited each site under consideration as part of their preparation for this meeting. The Board will vote on each case after the presentation of all the evidence, pro and con, and discussion among themselves concerning the case. The North Carolina law requires that in order for an applicant’s request to be granted, 5 of the 7 voting Board members must approve the request. All decisions of this Board are subject to appeal to the Durham Superior Court. Anyone in the audience, other than the applicant, who wish to receive a copy of the formal order issued by this Board on a particular case, must submit a written request for a copy of the order at this hearing. Forms for this purpose are available for the City/County Planning Staff. Hearing and Determination of Cases After the oath was given, Mr. Wiggins asked that all staff reports and materials submitted at the meeting be made part of the permanent record with any additions, deletions, and or corrections that may be necessary. All Board members concurred. Adjustments to the Agenda None. Summary Minutes February 25, 2014 Page 3 of 7 SEATED: Ms. Elkins, Mr. Kolasa, Mr. Makarushka, Ms. Nazareth-Phelps, Mr. Rogers, Ms. Ogburn, Mr. Lowe Case B1300045: City – A request by Eathcentric Engineering Inc. to construct a place of worship in a residential district. The property is located at 6808 Farrington Road and zoned RR. PIN 0708-04-52-5328, 0708-03-41-7756. Staff Presentation was made by: Jacob Wiggins Persons Appearing in Support: Phil Koch,Applicant Tom Stark, Attorney Persons Appearing in Opposition: None Person Appearing with Questions And concerns: Ed Holland, John Berry and Paul Brinfield Staff Recommendation: Approval Motion: Ms. Nazareth-Phelps made a motion to grant the request as submitted based on findings of fact by the Board that the governing Ordinance requirements have been met. Condition: The improvements shall be substantially consistent with the plans submitted to the Board as part of the application. Seconded By: Mr. Rogers Vote: 7-0. Action: Approval Summary Minutes February 25, 2014 Page 4 of 7 SEATED: Ms. Elkins, Mr. Kolasa, Mr. Makarushka, Ms. Nazareth-Phelps, Mr. Rogers, Ms. Ogburn, Mr. Lowe Case B1300048: City- A request submitted by Howard A. Partner for a minor special use permit to reduce required motor vehicle parking by more than 20%. The property is located at 4007 North Roxboro Street, is zoned OI, and located in the Suburban Tier. PIN:0823-16-94-0737. Staff Presentation was made by: Jacob Wiggins Persons Appearing in Support: Mr. Howard Partner, Applicant Persons Appearing in Opposition: None Staff Recommendation: Approval Motion: Ms. Elkins made a motion to grant the request as submitted based on findings of fact by the Board that the governing Ordinance requirements have been met. Condition: The improvements shall be substantially consistent with the plans submitted to the Board as part of the application. The minimum required motor vehicle parking shall be 23 spaces. Seconded By: Ms. Ogburn Vote: 7-0. Action: Approval Summary Minutes February 25, 2014 Page 5 of 7 SEATED: Ms. Elkins, Mr. Kolasa, Mr. Makarushka, Ms. Nazareth-Phelps, Mr. Rogers, Ms. Ogburn, Mr. Lowe Case B1400001: City- A use permit requested by Just Right Academy to operate an educational facility in a residential district. The property is located at 4723 Erwin Road, is zoned RS-20, and in the Suburban Tier. PIN 0801-03-35-9152 Staff Presentation was made by: Jacob Wiggins Persons Appearing in Support: Ms. Linda Donough, Applicant Ms. Donna Beckmann Mr. Jay Miller Mr. Eric Brenner Ms. Jennifer Creadick Persons Appearing in Opposition: Mr. Patrick Byker, Attorney representing Mr. Lee Munson Mr. Lee Munson, Applicant Mr. Robert Blackburn, Real Estate Representative Ms. Lucia Cooke, Real Estate representative Ms. Nancy Williams Ms. Rachael Schrader Ms. Allison Keenan Person Appearing with concerns And Questions: Mr. William Abernathy Motion: Ms. Elkins made a motion to excuse Ms. Nazareth-Phelps and to seat Ms. Thomas as the alternate. Seated: Ms. Elkins, Mr. Kolasa, Mr. Makarushka, Ms. Thomas, Mr. Rogers, Ms. Ogburn, Mr. Lowe Seconded By: Ms. Ogburn Cote: 7-0 Action: Approved Staff Recommendation: A continuation to allow the applicant more time to address raised issues. Summary Minutes February 25, 2014 Page 6 of 7 Motion: Mr. Makarushka made a motion to continue case to March 25, 2013 to allow applicant time to address raised issues. Seconded By: Mr. Lowe Vote: 7-0 Action: Approval Case B130000-44 Motion: Mr. Makarushka made a motion to continue case B130000-44 until the March meeting. Second by: Ms. Elkins Vote: 7-0 Action: Approval Approval of Summary Minutes for February 24, 2013 Mr. Rogers made a motion, seconded by Mr. Makarushka to approve the summary minutes. The motion passed unanimously, 7-0. Approval of Orders  Case Number B1300045: Ms. Elkins made a motion, seconded by Mr. Lowe that the order be approved as submitted. The motion passed 7-0.  Case Number B1300048: Mr. Rogers made a motion, seconded by Mr. Makarushka that the order be approved as submitted. The motion passed unanimously 7-0. Old Business N/A New Business None. Adjourn The meeting adjourned at approximately 12.03 P.M. Respectfully Submitted, Summary Minutes February 25, 2014 Page 7 of 7 Susan Willard, Clerk Durham Board of Adjustment