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HomeMy WebLinkAboutJUNE 2021 APPROVED MinutesMINUTES BOARD OF ADJUSTMENT The New Hanover County Board of Adiustment 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, June22,2O2l. Members Present Cameron Moore, Cha irman Kristin Freeman, Vice-Chair Pete Devita Maverick Pate Luke Waddell Membe Absent Hank Adams Michael Keenan Richard Kern Ex Officio Members Present Ken Vafier, Executive Secretary Sharon Huffman, County Attorney Denise Brown, Zoning Admin Technician Chairman Moore explained that the Board of Ad.iustment is a quasi-judicial board appointed by the Board of Commissioners to consider ordinance variances from residents in New Hanover County where specialconditions would create unnecessary hardships. The Board of Adiustment also hears appeals of the County's interpretation in enforcement of the Unified Development Ordinance. The appellants have thirty days in which to appeal any decision made by the Board to Superior Court. FIRST ORDER OF BUSINESS Ms. Sharon Huffman made a statement prior to the case to inform the public that today's hearing is primarily to listen to testimony regarding whether the request of the reasonable accommodation request for the two (2) additional residents to the group home at 3L4 Silva Terra Drive is "reasonable and necessary." Ms. Huffman stated per the Federal Fair Housing Act, these homes are allowed to locate by- right in residential districts and this allowance provides residency for individuals with special needs and or disabilities. The UDO identifies these group homes are to operate with no more than six (6) residents. Applicants can request up to the maximum allowance of eight (8) residents in a group home with board approval. Ms. Huffman stated the City of Wilmington's residentialdistricts allow eight 18) members to reside in a group home by-right without additional board approval. Ms. Huffman stated in 2015 the county's zoning ordinance was amended to provide language identifying group homes are permitted in residential districts to serve individuals who meet the criteria. cAsE BOA-961 Chairman Moore swore in County staff, Mr. Ken Vafier 1 Cha irma n Moore inqu ired on corrections to the M ay 25,2027, minutes. Following a motion by M r. Waddell and seconded by Mr. Devita the minutes from May 25, 2021, were unanimously approved. Mr. Vafier presented an overview of the case to the board stating the petitioner, Mr. Heafner, on behalf of the property owners, iavarah and Mary Joseph, is requesting a reasonable accommodation under the Federal Fair Housing Act to deviate from the maximum number of six (6) residents that may be allowed in a group home to allow up to eight (8) residents in a group home at 314 Silva Terra Drive. Mr. Vafier stated the proposal is specifically for an Oxford House Group Home for disabled persons. The property is in the southern area of the county off Carolina Beach Road, nearby the Monkey Junction community. The site is zoned R-15, Residential District, representative of the larger portion of the zoning designation in the area. A Broup home with six (6) members is allowed by'right per the Unified Development ordinance in this district. Mr. Vafier stated the New Hanover County Unified Development Ordinance includes two definitions: Group Homes and Disabled Persons, in the table of permitted uses, Section 4.3.2.8.3 ln the UDO. Mr. Vafier provided history that in 2015 the definition of Group Homes and Disabled Persons were adopted in the New Hanover County Zoning ordinance via text amendment to add provisions allowing reasonable accommodations for this protected class under the Federal Fair Housing Act. The amendment defined these two terms as well as parameters for group homes, in allowing the number of occupants, parking, distance from others group homes and the reasonable accommodations provisions and procedu res. The approval process set forth in Section 10.3.13 of the UDO states thal the process for variances and appeals shall apply for a reasonable accommodation request. Mr. Vafier stated that the Board of Adjustment will determine if the request is reasonable if it is found that it will not u ndermine the legitimate purpose and effects of the existence regulations such as financial or administrative burden on the county. Mr. Vafier stated an accommodation shall be determined necessary if it is found that will provide direct and meaningful therapeutic of the effects of the disability or handicap. This act will afford handicapped or disabled persons' equal opportunity to housing. Mr. Vafier stated typically the Board decides on variance hearings. However, in a reasonable accommodation request the board is tasked with deciding if factors from the applicant as they present are reasonable and necessary. M r. Vafier presented aerial photo of the su bject site and the adjacent area of various single family residential homes Mr. Vafier stated the county tax records indicate the residence is 1,950 sf living space consisting of 3 bedrooms and 2 bathrooms to accommodate the residents. This hearing was continued twice to allow the applicant to comply with Building Safety permitting regulations. The applicant has satisfied necessary permits to occupy the residence. ln addition, the applicant and property owner are present and can provide specific information on the accommodations and function within the residence as it relates to the Oxford House model and any recent renovations that were added to the residence. Mr. Vafier stated that a localjurisdiction is required to have housing accommodation to meet the needs of disabled persons in their county. 2 Mr. vafier stated the applicant is meeting the group home distance requirement of 2,000 sf. Mr. DeVita asked of parking issues to the residence. Mr. Vafier stated staff is not aware of parking issue at the residence. The applicant is satisfying the minimum parking space allowance. The Chairman then swore in Greg Heafner and Jonathan Guido. Mt. Grcg Heofner, PLLC - Mt. Heafner stated 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 explained that Oxford House is a recovery program for people suffering from alcoholism or drug addiction. The home is located at 314 Silva Terra Drive. Mr. Heafner stated there has been some modifications to the residence and the house currently has five bedrooms. All necessary inspections and permits have been satisfied with the New Hanover County Building Safety Department. Mr. Heafner stated they are requesting approval for reasonable accommodation under the Federal Fair Housing Act to increase the number of residents at the Oxford House from six (5) people to eight (8) people as the Unified Development Ordinance allows per Section 10.3.13. The two (2) extra people are necessary for the house to succeed. The residents support themselves; with an increase of residents to eight (8) the residents will benefit successfully in participating and meeting financial burden. There is a therapeutic benefit in having more people in the house as all the residents support each other's goals. The residents share a bedroom and there is no financial burden to the county anticipated. The residents decide on incoming occupants and applicant selections. All houses are either men or women, there are no coed Oxford Homes. Mr. Heafner stated the residents will elect home officials to ensure all chores, home guidelines, rules and utilities are properly attended. The residents all work together cohesively for the success of the Oxford House model. Mr. Heafner stated all Oxford House homes are leased with no profit to the Oxford House agency. The residents of Oxford Homes can reside for as long as they want; there is no time limit of residency for the participants. Mr. Heafner stated historically in NC, residents of Oxford House typically live in the homes for a year and a half. Currently there six (6) Oxford Houses in the unincorporated community and allthe homes are operating successfully There are three (3) rules for all residents to comply with: they must be self-supporting, self-governing, and they cannot use alcoholor drugs. Mr. Heafner stated residents who have been in residency for a long time at the home are typically awarded a bedroom without a roommate. However, usually all bedrooms are occupied by two residents. Mr. Heafner stated the home is for a male residency only. None of the Oxford Homes are coed. Mr. Heafner concluded that the board is tasked with deciding if the request is reasonable and necessary. There is no administrative burden to the county and fundamentally the request does not change the zoning character of the neighborhood. Mr. Heafner stated the two (2) additional residents will be very helpful to the home success. Mr. Heafner stated the parking allowance is met and most residents do not own or operate a vehicle Mr. Heafner stated that Mr. Guido will be involved with the residence and ensurinB the home is operating successfully OPPOSITION: community Residents- Ms Susan King-Lonis ond Mr. Randy Fisher- These residents gave testimony of concerns withthe Oxford House group home and how they were introduced into their community. The residents stated they areconcerned as it relates to oversiEht and staffing at the residence. Ms. Lanier stated there has been considerable time andpreparation for this case that has been continued twice by the applicant. shehasmetwithseveraloftheresidentsatthe 3 Mr. Devita relayed concerns of parking, however, staff has reiterated the parking requirements at the residence is met. Oxford home and agrees housing is a necessity for all. However, she is not in favor of two (2) additional members living at the home. The residents shared concerns of devaluation of their property value with a group home in the community. ln addition, concerns were raised of safety with eight (8) residents living in a house in case of a fire or an emergency. The residents in the commu nity inquired of parking availability for the group home. They stated the neighborhood is quiet and additional traffic would bring more noise to the community. The nearest bus stop is half a mile away and for these residents to sustain successfulthe neighbors stated the home can succeed without additional members to the home. The neighbors in opposition stated there is not a HOA for the community Vice-Chair Freeman asked if the residents had official documents to support Oxford House practices Mr. Greq Heafner - (Rebuftal) Mr. Heafner stated regarding the opposition's testimony that none of the neighbo/s concerns relate to the request being reasonable and necessary. Mr. Heafner stated most concerns shared by the public toward the Oxford Homes do not relate to the required criteria of the county ordinance for additional residents. The concerns shared by the residents do not relate to additional administrative burden to the county. He stated all repairs were performed by the property owner not Oxford House. The property owner is present, and all permit requirements were satisfied by the owner for Oxford House to move forward in agreement with the owner. The Oxford House does not own the homes. Chairman Moore asked if the Oxford House has a specific house size, they research for residence placement Mr. Heafner stated there is no specific requirement in house footage for Oxford Houses. Mr. Heafner stated they are particularly concerned with a home that can accommodate the residents. Mr. Heafner stated fire inspections services requirements have been satisfied. The home meets all the requirements to accommodate the residents. Mr. Devita suggested applicants in the future speak with the County Commissioners on this matter as it has been several times in the past the applicant has requested the two additional members to Oxford Houses. Mr. Devita asked what the City of Wilmington allowance on group homes is. Ms. Huffman stated the city of Wilmington allows eight (8) residents in a group home by-right without board approval. Ms. Huffman stated some of the group homes in the city allow more than eight (8) residents with approval. Vice-chair Freeman asked why the homeowner converted the garage to a bedroom, the model is for all residents to share a room. Mr' Heafner replied some houses have a senior resident that sometimes stay at home, the extra space provides a singleroom. Mr. Devita asked what the rength of stay is for the residents, and when the residents pay rent. Mr' Heafner stated the national average stay is a minimum of a year to eighteen (1g) months. He stated rent is paidweekly. 4 Ms. Lanier stated she did not have information to provide the board on court cases involving Oxford House. Ms, Susan Kint-Lanier, Neithbor - (Rebuttal) Ms. Lanier stated the Oxford house, from website information seems to be a money maker for the organization Senerating excessive revenue. Ms. Lanier stated the home was opened in March and the residents that were initially living there are no longer living there. Ms. Lanier stated the website lists how many people are living in the home. Ms. Lanier is concerned of the inconsistent information displayed on the website. ln conclusion, Ms. Lanier stated that the permits pulled for the home do not display the additional bedroom. Mr. Guido - Oxford House Reprcsentotive - Mr. Guido stated the house has five (5) members currently residing at the home. He also stated that there have never been eight residents living at the residence. The residents are allowed to have guest stay over, three (3) times monthly after residing in the for thirty days. Overnight guests would require approval from the remaining home residents. PUBLIC HEARING CLOSED BOARD DISCUSSION: Chairman Moore reiterated that today's hearing is to listen to testimony regarding whether the request of the accommodation is "reasonable and "necessary." He stated that the request does not present an additional burden to the county, nor does it deviate from the ordinance. Chairman Moore stated there is a growing need for affordable housing in the county. Mr. Devita stated there has not been testimony to dispute the request is reasonable and necessary. Mr. Oevita stated he was concerned of parking and the house size for the residents however testimony by staff and the applicant confirms the home meets all requirements. Mr. Devita applauds Oxford House in assisting residence to locate housing. Vice-Chair Freeman stated the request does not pose an alteration to the county ordinance. Vice Chair-Freeman stated based on what the Oxford House applicant has presented stated the two (2) additional residents is necessary in sustaining financial responsibility to housing, this does not undermine the UDO. Mr. Devita stated recovery presents challenges and cannot be adhered to in a week, the residents tend to stay a considerable amount of time at the residences. Chairman Moore stated that it is a necessary call to provide equal opportunity housing for all. There are residents who have concerns with Oxford House, there real-estate business practice that has been shared in testimony however, that is not the board tasks in decision making. Chairman Moore reiterated that today's hearing is to decide whether the request of the accommodation is "reasonable, and "necessary." All ayes to the motion submitted to approve the reasonable accommodation to have eight {g) members in a group home 5 Mr. Heafn€r stated all residents who resort back to substance use are expelled from the house. Mr. Devita made a motion based on findings presented by the applicant to approve the reasonable accommodation to add two (2) additional members to the oxford House at 314 siva Terra Drive. The applicant, having met the requirements and presented evidence stating there is no burden to the county administration, no change in zoning, and there is atherapeutic benefit to eight (8) disabled residents living together. Mr. Pate second the motion. BOARD DECISION: On a motion by Mr. Pete Devita and seconded by Mr. Maverick Pate, the board voted 5-0 to grant the reasonable accommodation request to allow up to 8 residents to reside in the group home at 314 Silva Terra orive, Wilmington NC The Board's decision was based on the following conclusions and findings oI fact: The request does not impose any additional burden upon the county, nor does is deviate from the standards of the Unified Development Ordinance. The request does not impose any undermining or substantial alteration from the Unified Development Ord ina nce. No significant financial or administrative burden is present with the request 2. lt is the Board's conclusion that the request to deviate to eight from the limit of six disabled persons livint together in a group home at 314 Silva Terra Drive is necessary. This conclusion is based on the following FINDINGS OF FACT: o Based upon previous research conducted and provided by the applicant, 8 occupants are necessary for the successful operation of the home. . The purpose of the request is to provide housing for disabled persons in need. Mr. Devita made a motion to adjourn the meeting. Mr. Pate second the motion. All ayes to adjourn the meeting. Please note the minutes are not a verbatim record of the proceedings. Executive Secretary Cha irma n Date: 7 -7 6 1. 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 314 Silva Terra Drive is reasonable. This conclusion is based on the following FINDINGS OF FACT: