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Minutes Jan 2016MINUTES ZONING BOARD OF ADJUSTMENT The New Hanover County Zoning Board of Adjustment held a regular and duly advertised meeting at 5:30 P.M. at the New Hanover County Government Center Complex,230 Government Center Drive, in the Lucie Harrell Conference Room, Wllmington, NC, on Tuesday, January 26, 2016 Members Present !!qmbers Absent Pete DeVita, Choirmon Joe Miller, Vice-Choir Andrew Barn hill Colin Ta rrant -Alternate Brian Prevatte- Alternate Chad McEwen Raymond Bray Ha nk Adams - Alternate Mr. Devita explained that the Zoning Board is a quasi-judicial board appointed by the Board of Commissioners to consider zoning ordinance variances from residents in New Hanover County where special conditions would create unnecessary hardships. He said the Zoning Board also hears appeals of the County's interpretation in enforcement of the Zonang ordinance. The appellants have thirty days in which to appeal any decision made by the Board to Superior Court. FIRST CASE BEFORE THE BOARD WAS AS FOLLOWS: Susan Hamilton, applicant, on behalf of Gordon Road investments, LLC, property owner, is requesting a 10' variance from the 35'structure height maximum required per Section 72-431.fl ofthe Zoning Ordinance. The property is located at 4645 Gordon Road and zoned R-15, Residential District. Case is ZBA-903. BOARD DECISION: On a motion by Mr. Joe Miller and seconded by Mr. Pete Devita the board voted unanimously to a continue Case ZBA-903 to the February 23,2016 meeting. SECOND CASE BEFORE THE BOARD WAS A5 FOLLOWS: Oxford House, lnc., applicant is petitioning on behalf of the property owner, Liang Zhao, for a special exception for reasonable accommodation under the Federal Fair Housing Act to deviate from the maximum number of 6 residents that may be allowed in a group home to allow up to 8 residents in a group home. The property is located at 110 Lansdowne Road and zoned R-15 Residential District. Case is ZBA-904. Mr. Andrea states the applicant is requesting a special exception for reasonable accommodation under the Federal Fair Housing Act per Section 63.11 of the Zoning Ordinance to deviate to 8 from the limit of 6 disabled persons residing together in a group home. Mr. Andrea states the subject site for the variance is located at 110 Lansdowne Road between 17th Street and the Monkey Junction community. Mr. Andrea states Lansdowne Road serves as a municipal boundary in the county; property located in the north is classified under city land codes which have different land codes Ex Officio Members Present Ben Andrea, Executive Secretary 5ha ron Huffman, County Attorney Denise Brown, Clerk The meetinq wos colled to order ot 5:30P.M. by the Choirmon, Mr. Pete Devito. The Chairman then swore in County Staff Mr. Ben Andrea, Mr. Greg Heafner, PLLC; Mr. Kurtis Taylor, Ms. Phyllis Frazier, Ms. Casandra Muse and Ms. Jacklyn Feliciano. Mr. Andrea states the applicant, Ms. Susan Hamilton, on behalf of Gordon Road lnvestors, LLC, has submitted a letter to formally request a continuance for the variance request case ZBA-903 to be held at the February 23, 2016 meeting. vs. county regulation. Mr. Andrea states the primary zoning of the area is residential uses. Mr. Andrea states the applicant's type of request is new to this board, stemming from a text amendment to the New Hanover County Zoning Ordinance adopted by the New Hanover County Board of Commissioners in December 2015. Mr. Andrea states the text amendment created two new definitions, adding Group Homes to the table of permitted uses, and created Section 63.11 in New Hanover County Zoning Ordinance. Mr. Andrea states he has received some calls regarding the case hearing from the community and three emails from residents who were not able to attending opposing the special exception request. Mr. Andrea states he has spoken to staff at the City of Wilmington regarding their various levels of tiers based on the number of individuals living in the home and how the city otherwise regulates group home arrangements. Mr. Andrea stated the city of Wilmington does have a tier of 8 individuals living in a group home setting as being acceptable in their zoning. Mr. Andrea states with the initial pursuit of the text amendment, county staff concur starting with a base total of 6 residents is appropriate to allow by right in the residential zoning districts in the county's jurisd iction. Mr. Andrea presented a picture of the home as listed per source realtor.com, as well as maps and aerial photography of the subject property. REQUIREMENTS: Disobled Pe6ons - lndividudls with disobilities, including individuols recovering from olcoholism ond/or drug oddiction, who ore protected by either the provislons of the Americons with Disobilities Act of 1990, 42 usc 72107, the Foir Housing Act,42 USC 3601 et. Seq, or NCGS Chopter 768, Article 3, os eoch moy be omended. Group Home - A home in which more thon three (3) unreloted Disobled Persons live together os o self-supporting ond se I f-suff i cie nt hou se hol d u n it. Permitted Uses PD R20S R20 R15 R70 R7 B2 t2 o&t AR AI sc RA RFMU supp Regs Group Homes P P P P P P P P Section 63.77: GROUP HOMES Group homes sholl be permitted in occordonce with the toble of permitted uses in Section 50 and the following stondords: 1. Group homes sholl be limited to six (6) Disobled Persons living together os o self-supporting ond selt'-sufficient household unit. 2. No group homes shall be occupied or operoted without zoning opprovol. o) Group homes thot ore exempt from licensure pursuont to NCGS s 122C-22 must recertify their exemption stotus onnuolly; ond b) Group homes for speciol needs persons must recertify quolificotion of oll residents ds speciol needs person onnuolly. 3. Porking sholl be provided in accordonce with Article vlll: Off-Street Porking dnd Looding 4. Group homes sholl not be locoted closer thon 2000 feet to ony other existing group home, meosured by a stroight line from the neorest property lines, irrespective of municipal boundories. 5. With respect to the distonce between the proposed use ond the existing, permitted uses described in subsection 4 above, the distonce shall be reduced by the right-of-woy of o mojor thoroughfare exceeding one hundred (100) feet, mojor topogrophicol feotures such os a mojor wotercourse, or by mojor nonresidentiol or public uses such os o pork, school or religious institution. 6. Speciol Exceptions B1 t1 ,v A I c s o) Applicobility: The Zoning Boord ol Adjustment is outhorized to gront special exceptions for the speciol circumstonces set forth in this section to allow for a reasonoble accommodotion under the Federol Foir Housing Act. b) Applicotion: An opplicotion for o speciol exception under this section sholl be submitted to the Zoning Boord of Adjustment by filing o copy of the opplicotion with the Plonning Director or their designee. No filing fee sholl be required for such applicotion. c) Approvol process: The procedures set forth in Section 721-3 for vorionces and oppeols sholl opply to Stoff Review ond Report, Public Heoring Notice ond Action ol the zoning Boord of Adjustment. d) Approvol Criterio: The Zoning Bodrd of Adjustment sholl gront o speciol exception to ony provision of this ordinonce os o reosonoble accommoddtion under the Federol Foir Housinq Act il the Boord finds by the greater weight of the evidence thot the proposed speciol exception is: i. "Reosonoble": An occommodation will be determined to be reosonoble il it would not undermine the legitimote purposes and effects of existing zoning regulotion, and if it will not impose signilicont finonciol and administrotive burdens upon the County ond/or constitute a substontiol or fundomentol alterotion of County' ordinonce provisions; and ii. "Necessory": An occommodotion will be determined to be necessary if it would provide direct or meoning theropeutic omeliordtion of the effects of the porticulor disdbility or hondicop), ond would afford hondicopped or disobled persons equol opportunity to enjoy ond use housing in residentiol districts in the County. With the adoption of the above text amendment, up to six disabled persons are permitted by-right to reside in a Sroup home per subsection (1). Additional standards for group homes are also part of Section 63.11, as well as process described under subsection (6) by which a group home provider could petition for a special exception for reasonable accommodation under the Federal Fair Housing Act to vary any of the provisions outlined in Section 63.11, including the number of residents, parking allowance, or distance requirement. The Zoning Board of Adjustment is authorized to grant specialexemption requests after a public hearing and finding that the request is "reasonable" and "necessary" based on the adopted text amendment language. The specific request from Oxford House, lnc. is to allow up to 8 disabled persons instead of up to 6 disabled persons to reside in the group home at 11.0 Lansdowne Road. According to New Hanover County tax records, the home lies on a 0.72 aue parcel and contains 2545' of living space. Tax records indicate that the home includes 3 bedrooms, 2 full bathrooms, and t half bathroom. Mr. Andrea states a copy of the property record card is included as an addendum in his staff of report. Mr. Andrea states in addition to the required variance application the applicant submitted a copy of the Oxford House manual. The Chairman swore in Mr. Greg Heafner, Mr. Kurtis Taylor, Ms..lacklyn Feliciano, Ms. Cassandra Muse and Ms. Phyllis Fra z ie r. Mt. Greg Heafner, PLLC- Mr. Heafner states he is representing Oxford House in today's proceedings; the owner of the home is leasing the house to the residents who participate in the Oxford House Model. Mr. Heafner states the Oxford House opened in August 2014 for residents participating in the Oxford House Manual. Mr. Heafner states during 2014 a zoning official spoke to one of the residents due to a call from a neighbor inquiring the amount of people living in a dwelling. Mr. Heafner states after a lengthy process working with county officials and the board of commissioners, a classification was adopted most recently regarding group homes by county commissioners. Mr. Heafner states there are 6 women living in the home and with the special exception approval; the Oxford House could fully operate with 8 women living in the household. Mr. Heafner states all women participate with the requirements that the Oxford House Model and there has been no incident to demonstrate that the home has a negative effect on the community. Mr. Heafner states he is requesting a special exception for reasonable accommodation under the Federal Fair Housing Act to increase residents at the Oxford House from 6 people to 8 people at LL0 Lansdowne Road. Mr. Heafner states the residents have been maintaining the household as a group with all of the residents working together cohesively. Mr. Heafner states with 8 residents working together there is less of a financial burden for the residents to be successful. Mr. Heafner states he implores the zoning board to consider the requirements of the definition to increase residency of two people, is il reosonoble ond necessory. Mr. Heafner states there are over 200 Oxford House in the state of NC; Mr. Heafner states NC partnered in contract with Oxford House in 1990. Mr. Heafner states the home is located near a location for AA meetings also the home is near public transportation for residence to have access to and from work. Mr. Kurtis Toylor- Outreach Cootdinotot Oxlord House- Mr. Taylor states he is employed by Oxford House Incorporated and he is registered with NC as a certified substance abuse counselor. Mr. Taylor states Oxford House is recognized on the Federal Registry as evidence based best practice recovery home. Mr. Taylor states residents who reside in the Oxford Homes have an 85% success rate at productive citizens. Mr. Taylor states there are 6 positions within all Oxford Homes in which residents are required to participate for success of maintaining the home under the Oxford House Model. Mr. Taylor states with limited residency the possibility of success for the home is lessened. Mr. Taylor states there is an economic need to have the homes at full capacity to not create a burden for the residents returning into society. Mr. Taylor states there are Oxford Homes throughout the state that function very well and without incident. Mr. Taylor states there is therapeutic value of having 8-12 people living in a home as family support to one another. Mr. Taylor states they are 2 people only to every bedroom. Mr. Oxford states there is an average of 8.2 residents per home. Mr. Taylor states there is an l.1pm curfew for the first thirty days for the residence and after that period has expired each resident must adhere to the minimum policy of staying in their own home four consecutive nights. Ms. Phyllis Frozier, 777 Lansdowne Rd (neighbor) - Ms. Frazier states she opposes adding additional occupants at 110 Lansdowne Road. Ms. Frazier states there is excessive activity of visitors and vehicles at night. Ms. Frazier states there have been on occasion public service vehicles as well as emer8ency services at this residence and she is against adding more traffic to this residence. Ms. Frazier states she has not seen residence to the home that warrant being classified disabled. Ms, Cosondra Muse, 702 Lonsdowne Rd (neighbor) - Ms. Muse states she opposes additional residents at the subject property, she states having a group home in the neighborhood has decreased the value of her home. Ms. Muse states the community was not made aware of a group home facility being implemented in the community and had she known she would have lobbied to have the home and residence be placed somewhere else. Ms. Muse states there is 6 residents in the home she urges the board to not increase the number of occupants. Ms. Muse states she disagrees with Oxford House representatives labeling the home as a group facility; she believes the home is a halfway house and operates as so. Ms. Muse states there is a school nearby and the residence should've never been established in the community but now that it is operating, she disapproves adding more residents for fear of something negative impacting the neighborhood. Ms. Muse states she is concerned of the different mental state of the residents and the lack of supervision provided by the Oxford House representatives. Mn Greg Heofner, PLLC (rebuttoll - Mr. Heafner addressed the inquiry of "incident" at the Oxford House. Mr. Heafner states emer8ency services were needed to provide medical services to one of the residence who incorrectly administered their blood pressure medication. Mr. Heafner states the residences are allowed visitors at the residence just as any other residential property enjoys. Ms. Jdcklyn Felicidno, 770 Lonsdowne Rood, Oxford House resident - Ms. Feliciano states she resides at the subject property since 2014 and enjoys the relationship and family bond she and the residents at Oxford House maintain. Ms. Feliciano states she is currently the President of the house and relies on the entire office/s in the home to be substance free. Mr. Feliciano states there is zero tolerance for any of the residents to partake in activity relating to drugs or alcohol substances. Ms. Feliciano states all residences are required to participate in the Oxford House manual and if they are not compliant they are asked to exit permanently from the home. Ms. shoron Huffman, DePuty County Attorney - Ms. Huffman states this scenario has just arose with the county; Ms. Huffman states the City of Wilmington has addressed how to regulate group homes starting in 2OO2 with a series of public meetings. Ms. Huffman states there were two legal suits filed against the City of Wilmington which result a more complicated ordinance due to the dense and urban environments. Ms. Huffman states there are three levels of tiers for disabled persons in the city of Wilmington zoning jurisdiction, which allow for up to 6, B, or 1.2 residents in a group home depending on the type of home. Ms. Huffman states depending on what side of Lansdowne Road you reside,either the county or city Sroup home regulations would apply and that if the home was located in the city, it could beallowed up to 8 residents by right. Ms. Huffman states during the initial process of the text amendment there were two meetings with the Planning Board and with the County Commissioners in education of specific guidelines of the Federal Fair Housing Act, Broup homes and the Oxford House Model. Ms. Huffman supported the staff recommendation of a base number of 6 residents for group homes as a precedent is set in the Zoning Ordinance for up to 6 disabled residents plus supervisors in a residential care facility, which is allowed per state statue. Ms. Huffman states in her research of other locations she found a base number is what jurisdiction were approved and then an special exception request would follow should the group home desire additional residents. Ms. Huffman states she advised during the text amendment it made sense to have a base line number and a ruling of Speclol Exception if warranted to be processed by the zoning Board of Adjustment on a case-by-case basis. PUBLIC HEARING CTOSED. BOARD DISCUSSION: Mr. Devita inquired to view opposing documents submitted by the neighbors of Lansdowne. Mr. Devita inquired does Oxford House own any of the residences and how many Oxford homes are in the county jurisdiction. Mr. Devita inquired as to why the County Commissioners arrived at allowing 6 individuals instead of 8 by right during the text amendment update. Mr. Devita inquired of the residents parking and the negative impact regarding nightly activity in the neighborhood that has been suggested by the neighbors. Mr. Devita inquired as to why the numbers of residents were not applied to include a consideration for the number of bedrooms at the Oxford House. Mr. Devita stated the Oxford House provides a valuable service to indlviduals who want to make a positive impact in transitioning to the community and society. Mr. Devita states the additional residents would not put the community in harm's way. Mr. Devita states he appreciates the nei8hbors however; to disagree of having the home in the community is not a valid reason for the board to consider not increasing residents in the Oxford House. Mr. Devita alluded that it was made known there are eight residents currently residing at the Oxford House for about a year. Mr. Devita suggested that if the County Commissioners, in approval of the text amendment, would have included language to base the number of residents based on the number of bedrooms, the process would have been easier. Mr. Miller inquired of the guidelines regarding the City of Wilmington housing code. Mr. Miller states there are strict guidelines outlined by HUD in addressing housing under the Federal Fair Housing Act that the board must adhere to in decision making. Mr. Miller inquired as to the financial burden aspect with six residents currently in Oxford residences. Mr. Barnhill inquired on the standard number of residents in any home. Mr. Barnhill states there is not enough substantial evidence presented today that displayed and additional of two residents would make a negative impact on the community. Mr. Prevatte reiterated the board's primary objective in today's hearing is to determine approval of increasing residency at the Oxford House. Mr. Tarrant states the board must find by the greater weight of its evidence that the special exception ruling applies to today's case being reasonable and necessary. Mr. Tarrant states the applicant has provided enough evidence and testimony to increase the level of tenants in the group home as required by law. Mr. Tarrant states the law precludes the board to move beyond evidence and the opinions of the neighbors are void in this hearing factor. Mr. Tarrant states discriminatory opinions must be omitted by the board to make a clear fair decision on the evidence presented. On a motion by Mr. Brian Prevatte and seconded by Mr. Joe Miller the board voted unanimously to grant the special exception request to allow up to 8 residents to reside in the group home at 110 Lansdowne Road, Wilmington, NC. The Board's decision was based on the following conclusions and findings of fact 1. lt is the Board's conclusion that, the request to deviate to eight from the limit of six disabled persons livinB together in a group home at 110 Lansdowne Road is reasonable. This conclusion is based on the following FINDINGS OF FACT: . Granting the request for an additional two for up to 8 disabled persons as residents in the group home at 110 Lansdowne Road would not undermine the purposes and effects of the county's regulations for group homes. . Granting the request would not create any financial or administrative burden upon the county or constitute a substantial or fundamental alteration of the county's ordinance provisions. BOARD DECISION: 2. lt is the Board's conclusion that the request to deviate to eight from the limit of six disabled persons living together in a group home at 110 Lansdowne Road is necessary. This conclusion is based on the following FINDINGS OF FACT:. Granting the request would support the therapeutic model of the Oxford House, which relies on a group setting in which persons in recovery benefit from developing a camaraderie with others that are in similar stages of recovery. o Granting the request would allow the disabled/handicapped persons that rely on the Oxford House model for recovery an equal opportunity to use and enjoy a residential area under the jurisdiction of the County. MEETING ADJOURNED. (^1 (a Executive Secretary Chairman