Loading...
Minutes March 2016M IN UTES 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, Wilmington, NC, on Tuesday, March 22, 2Ot6. Members Present Pete Devita, Choirman Andrew Barnhill Chad McEwen Raymond Bray Hank Adams, Alternate Ex Officio Members Present Ben Andrea, Executive Secretary Sharon Huffman, Deputy County Attorney Denise Brown, Clerk The meetinq wos colled to order ot 5: j0P.M. by the Choirmon, Mr. Pete Devito 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 Zoning Ordinance. The appellants have thirty days in which to appeal any decision made by the Board to Superior Court. FIRST ORDER OF BUSINESS 7. Boord opprovol of the Februory 23, 2016 minutes. Vote wos unonimous The Chairman then swore in County Staff Mr. Ben Andrea FIRST CASE BEFORE THE BOARD WAS AS FOIIOWS: Wilmington Builders, applicant, on behalf of Noelle Holdings, LLc, property owner, is requesting a 13'variance from the 20' minimum buffer width required per Section 62 of the Zoning Ordinance, and a 30.67'variance to the setback required per Section 60.3 of the zoning Ordinance. The property is located at 2 Silva Terra Drive and zoned R-15, Residential District. Case ZBA-905. Mr. Andrea informed the board that the owners of Noelle Holdings, LLC, property owners, are not present for today's case hearing. ln addition, Mr. Andrea states an email was submitted prior to today's meeting informingthe representative of Wilmington Builders, applicant, that the owner of Noelle Holdings, LLC or a legal representative must be present for today's variance hearing. 1 Members Absent Joe Miller, Vice-Choirmon Brian Prevatte Colin Tarrant Ms. Sharon Hulfman, Deputy County Attorney - Ms. Huffman advised the board members that a legal representative is not present for Noelle Holdings, LLC, and property owner however; Mr. Niemeyer has identified himself as the representative for Wilmington Builders, the applicant in today's variance request. Ms. Huffman states the board can continue to proceed in this case should they choose to however; an owner must appear in a quasi-judicial proceeding or by way of an attorney per NC State Bar Association. Ms. Huffman states she's advising the board that Mr. Niemeyer is not an attorney and could be charged with attempting to practice law in NC as the representative for Noelle Holdings, LLC. Ms. Huffman states there is a document present whereby Wilmington Builders has submitted an appointment of agent form that was submitted with the application packet for the variance request. Ms. Huffman informed the board that Mr. Niemeyer states he is an employee of Wilmin8ton Builders and by way a representative for Noelle Holdings as they were unable to attend today's hea ring. Ms. Huffman advices the board should they decide to proceed with hearing today's case a motion should be made in that favor for the record. Ms. Huffman reiterated four board members must be in agreement to grant an approval of the variance request. BOARD DISCUSSION: Mr. Adams inquired to the finalization should the case be heard and a decision made to grant the variance. Mr. McEwen inquired to the definition of legislation procedures as it pertains to variance procedures. Mr. Bray stated as a general practice all parties and or owners involved in variance hearings should be in attendance for case hearings. Mr. Barnhill states all parties involved in hearings should as a practice is made accountable to attend case hearings. Mr. Devita states the variance request is being requested in contingent to an upcoming re- zoning case to be held at the next Planning Board meeting. Mr. Adams made a motion to hear the case. Mr. Devita second. The board voted 3ayes and 2 nays to hear the case. BOARD DECISION: On a motion by Mr. Hank Adams and seconded by Mr. Pete Devita the board voted unanimously to continue Case ZBA-905 to the April 25, 2016 meeting. Mr. Niemeyer elected to withdraw his case for today's hearing to be continued and return with appropriate legal representation at the April 26,20L6,28A meeting. Mr. Adams made a motion meeting adjourned. Mr. Bray second ') ,/^Date'. 5 - .1 Executive Secretary Chairman )