HomeMy WebLinkAbout11-12-24 Signed BOA MinutesBOARD OF ADJUSTMENT
The New Hanover County Board of Adjustment hetd a regutar and duty advertised meeting
at 5:30 PM at the New Han.over County Government Center Comptex, 230 Government
Center Drive, in Conference Room 139, in Witmington, NC on Tuesday November 12,
2024.
Members Present
Wittiam Mitchett, Chair
Michaet Keenan, Sr., Vice-Chair
Witt Daube
Ed Trice
Cateb Rash
Greg Uht
Michaet Sanctimenti
Ex officio Members Present
Ken Vafier, Ptanning Operations Supervisor
Karen Richards, Deputy County Attorney
Members Absent
Jonathan Bridges
Lisa Maes, Administrative Coordinator
Marshatt Fugate, Administrative Speciatist
FIRST ORDER OF BUSINESS
Chair Wittiam Mitchett exptained that the Board of Adjustment is a quasi-judiciat Board
appointed by the Board of Commissioners to consider ordinance variances from residents
in New Hanover County where speciatconditions would create unnecessary hardships. He
also noted that the Board hears appea[s retated to the County's interpretation and
enforcement of the Unified Devetopment Ordinance, with appettants having thirty days to
appeat any decision to Superior Court.
Attorney Karen Richards provided background on the case to give ctarity for future
reference. she stated that pursuant to NC Generatstatute 160D-1402, Source contracting
appeated the variance deniaI decision made on August 27'l', 2024 which was based on the
ftoodptain etevation criteria. Judge Jensen from superior court ruted that the deniaI was
unsupported by competent, materia[, and substantiat evidence in view of the entire record
and may have been arbitrary or capricious.
The meeting was catted to order at 5:30 PM by Chair Wittiam Mitchett.
The judge ordered the Board to grant the variance. An order, incorporating att speciat
conditions previousty agreed upon, was written in cottaboration with Mr. Grady Richardson
and dated October 31, 2024. At this time, the Board needs to make a motion to adopt and
ratify the order from Judge Jensen and then proceed to grant the variance.
MOTION TO ADOPT AND RATIFY ORDER
Motion:
Vice Chair Keenan made a MOTION to adopt and ratify the order per Judge Jensen's ruting
This was seconded by Witt Daube.
. Att in favor: 5 - 0
VARIANCE GRANTING
Fottowing the adoption and ratification of the order, Chair Mitchett ca[[ed for a motion to
grant the variance, inctuding the four stiputations estabtished in the originaI case.
Motion:
Chair Mitchett made a MOTION to grant the variance with the four originat stiputations. This
was seconded by Witt Daube.
o Al[ in favor: 5 - 0
ADOPTION OF 2025 MEET!NG SCHEDULE
Chair Mitchett presented the proposed 2025 meeting schedu[e to the Board for adoption.
Motion:
Chair Mitchett made a MOTION to approve the 2025 meeting schedule, seconded by Vice
Chair Keenan.
. All in favor: 5 - 0
Meeting Adjournment:
Chair Mitchett made a MOTION to adjourn the meeting, seconded by Greg Uht
. All in favor: 5 - 0
Meeting Adjourned
The meeting was adjourned at 5:37pm
Please note the minutes are not a verbatim recording of the proceeding.
P[ease note the minutes are not a verbatim recording of the proceeding.
Executive Secret ry
Chair
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Date