BOARD OF ADJUSTMENT
City of Burlington, NC
September 14, 2004
Members Present Members Absent
H.E. (Ed) Wilson, III, Chairperson
Mr. Mike Gee, Vice Chairperson
Mrs. Mary Watson
Mrs. Joyce Lance
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.m. He
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
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
- 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
- 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:
- that the use will not substantially
injure the value of adjoining or abutting property owner or that the use
is a public necessity and,
- 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)
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)
MEETING ADJOURNED: 8:53 am
E. Wilson, III, Chairperson