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City of Burlington, NC

September 14, 2004



Members Present                                                                  Members Absent

City:                                                                                        City:Mrs. Margaret Stephens

Mr. H.E. (Ed) Wilson, III, Chairperson                               

Mr. Mike Gee, Vice Chairperson                                             
Mrs. Mary Watson
Mrs. Joyce Lance

Ms. Charlotte Straney


Also present was Mr. Joey Lea, Code Enforcement Officer for the City of Burlington.


Mr. Ed Wilson, Chairperson, called the meeting of the Board of Adjustment to order at 8:30 a.mHe explained that the city representatives to the Board of Adjustment are appointed by the City Council and the representatives of the Extraterritorial jurisdiction were appointed by the County Commissioners. This is a quasi-judicial hearing.  Everyone speaking before the Board should state their name, sign the log on the podium, and swear or affirm that everything they say is true to the best of their knowledge.  Appeals of the Board’s decisions may be taken to the Alamance County Superior Court.  The City will state their position because of their knowledge of the case and the technical codes.  The applicant will state their case, and then anyone from the public may speak.  The Board will then close the meeting to the public, discuss the case and then take a vote.  An affirmative four-fifths vote is required in order to grant a variance, a special use permit, or an appeal.


Mr. Joey Lea, Code Enforcement Officer with the City of Burlington, advised that due notice and publication of this meeting of the Board of Adjustment and matters to come before it had been made, and all contiguous property owners were mailed a notice advising of this meeting.


Prior to testifying before the Board, each party was sworn in or affirmed that the testimony they were about to give was true to the best of their knowledge.



Chairman Wilson asked if there were any changes to the minutes from August 9, 2004, meeting.  Ms. Charlotte Straney abstained from voting because she did not read the minutes.  There being no changes, Mr. Mike Gee made a motion to approve the minutes and Mrs. Mary Watson seconded the motion.  There being no discussion, the motion passed unanimously.








CASE NO. 16-04  SPECIAL USE PERMIT:  SECTION 32.9 -ZONING ORDINANCE (SPECIAL USE PERMIT REQUIRED FOR CHURCH’S IN RESIDENTIAL DISTRICT) (United Pentecostal Church, Corner of Hanford Road and Cedar Crest Drive, Burlington, NC)


Chairman Wilson reminded the Board that this is a request for a special use permit and will have to meet all of the findings of fact and the general conditions for a special use permit.



Mr. Joey Lea stated that United Pentecostal Church is proposing a new facility located on the corner of Hanford Road and Cedar Crest Drive. The site plan has been approved by the Technical Review Committee and meets all of the specified requirements of the ordinance. Pastor Kenny Godair of the United Pentecostal Church stated that the existing Church is too small for the congregation they now have and that all members are 100% in agreement in building the new church. Chairman Wilson asked Mr. Lea what the specific requirements are for this special use permit? Mr. Lea stated that there are no specific requirements, however, they must meet all the general requirements of the ordinance and Mr. Lea stated that he had received several phone calls in regards to the property because of the signs that were put up but no one had spoke in opposition.  Past Godair stated that he personally went from door-to-door introducing himself and had met all of the neighbors personally and didn’t feel any negativity from anyone. Mr. Gee asked Mr. Lea if all of the general requirements had been met and Mr. Lea stated yes all of the general requirements have been met and the Technical Review Committee had approved it.  Ms. Straney stated that it appears the entrance is off of Hanford Road and that this is a very heavy traffic area and is very congested as people try to turn into the driveway and the other entrance is off of Cedar Crest. Ms. Straney stated that she sees people coming down Hanford going toward Maple doing about 60 mph because she has been on the road frequently and had a problem getting back onto Hanford Road and asked if that was going to be the primary entrance or is the primary entrance going to be off Cedar Crest?  Pastor Godair stated that it would be optional. Pastor Godair stated that the hours the Church would be using the entrance will be Wednesday around 7:30 and Sunday morning around 10:00. It would be non-rush hour time and won’t be real busy.  Ms. Straney asked Mr. Lea if the Technical Review Committee expressed any concerns about traffic?  Mr. Lea stated that the Department of Transportation has a representative on the Technical Review Committee and those entrances, locations and traffic patterns had been studied and was part of the review.  


DISCUSSION & FINDINGS OF FACT:  There being no further comments from the public, Chairman Wilson turned the meeting over to the Board for discussion.  Mr. Gee made a motion that the 4 required conditions for issuing a special use permit in accordance to Section 32.13(b) are met due to the following Findings of Fact:  combining the first and second conditions that

  1. the use will not materially endanger the public health or safety if located where proposed and developed according to the plans submitted and approved and
  2. that the use meets all required conditions and specifications. The findings of fact are that  the use of this property as a Church will not endanger the health or safety as it has been presented and approved by the Technical Review Committee and meets all required conditions and specifications as testified by Mr. Joey Lea regarding general conditions for a special use permit.  Mr. Gee stated that he is also combining the third and fourth requirements stating:
  3. that the use will not substantially injure the value of adjoining or abutting property owner or that the use is a public necessity and,
  4. that the location and character of the use, if developed according to the plan submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of Burlington and it’s environs. the Findings of Facts are that this use of the Church will enhance the value of the adjoining property and that it is in harmony with the area that it is located.  Ms. Straney seconded the motion.


(AYES:  Wilson, Gee, Watson, Straney, Lance)

(NOES:  none)


DECISION:  Mr. Gee made a motion to approve the special use permit for the United Pentecostal Church to be located at the Corner of Hanford Road and Cedar Crest Drive due to the previously stated Findings of Fact and that the applicant shall complete the development in accordance with the plans submitted and approved by this board and if any of the conditions affixed hereto or any part thereof shall be held invalid and void, this permit shall be void and of no effect.  Mrs. Lance seconded the motion.


(AYES:  Wilson, Gee, Watson, Straney, Lance)

(NOES:  none)








                                                                                    H. E. Wilson, III, Chairperson





                                                                                    Mary Fanelli, Secretary