BOARD OF ADJUSTMENT
City of Burlington, NC
July 13, 2005
Members Present Members Absent
Mr. H.E. (Ed) Wilson, III, Chairman Mr. Todd Smith
Mr. Mike Gee, Vice
Mrs. Mary Watson
Mrs. Margaret Stephens
Ms. Charlotte Straney
Mrs. Joyce Lance
Also present was Mr.
Joey Lea, Code Enforcement Officer for the City of Burlington.
Mr. Ed Wilson,
Chairman, called the meeting of the Board of Adjustment to order at 8:35 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 and discuss the case and 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 the June 14, 2005 meeting.
There being no changes Mike Gee made a motion to approve the
minutes. Mary Watson seconded the
motion. There being
no discussion, the motion passed unanimously.
CASE NO. 15-05 SPECIAL USE
PERMIT: SECTION 32.9 - ZONING ORDINANCE
(Churches in Residential Districts)
Christian Tabernacle Church, 1020
Rosenwald Street, Burlington, NC
Mr. Joey Lea explained that
Mr. Herron is applying for a special use permit for the property that the
Church is on and the property across the street from the Church to build an
addition on an existing Church. The
property across the street is being utilized for parking and the Church as it
exists does meet the minimum requirements on the property as far as location
and the number of required. Expansion
requirements prior to our ordinance are allowed off-site parking for their
use. The fellowship hall was built
about 10 years ago with no special use permit so this is a permit to bring the
Church into compliance because of the expansion. Chairman Wilson stated that as far as a parking issue is
concerned they don’t need the lot across the street to meet the requirements. Mr. Lea state no they do not, it is based on
the number of seats in the Sanctuary.
Mr. Gee added that in addition to the general conditions for the special
use permit are there any specific conditions for the Church? Mr. Lea stated no. Ms. Straney stated that the parking on site indicated on the plan
that it didn’t look like there was room for maybe about 3 or 4 cars or because
there is a carport with something under it attached to the side of the existing
fellowship hall. Mr. Lea stated that there
is room and the actual number was low for the Church, but as he stated earlier
even if they couldn’t meet it on site if someone were to make that
determination because of the expansion, and because the Church was created
prior to the exsistance of the Ordinance, the Ordinance authorizes them to
utilize off-street parking. Mrs.
Stephens states that the special use permit goes along with the property across
the street, Mr. Lea stated yes, that is correct. Mrs. Watson asks if there is an address for the lot across the
street and Mr. Lea stated no it is the same as the Church.
Mr. Darrell Long (trustee) of
Christian Tabernacle Church explained they are extending the Sanctuary of the
Church back to be even corner of the Fellowship Hall to put the choir stand
behind the pastor, extend it back and put a room for the trustees to count the
offerings. Chairman Wilson stated so
this is an extension to the Sanctuary, Mr. Long stated yes it is. Mr. Gee asks if the addition will cause any
vehicle circulation problems around the building, Mr. Long stated no it will
not. Ms. Straney asked if there will be
exit doors on the addition? Mr. Long
stated there is a door adjacent to the addition and there is not another door
needed. Ms. Straney asked if there was
light back there, he said yes. Ms.
Straney asked that with the addition will there be an increased number of seats
in the Sanctuary, Mr. Long stated no.
Ms. Straney asks if there is any parking behind the building? Mr. Long said there is space back there to
park but they do not use that for parking and the Church van is parked under
the carport and there is plenty of room to go around the carport. Ms. Straney asks about the sign to the right
of the building, Mr. Long stated that is a Masons Lodge Hall. Mr. Lea stated that he could not find an
actual property owner and no information was found to send them a letter
because they do not pay taxes.
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 stated this meets
all four requirements. Ms. Straney
stated that safety is not an issue, traffic patterns have not changes, parking
is accessible across the street so there is not an ingress or egress issue and
doesn’t seem that any special requirements are an issue here.
Mr. Mike Gee made a motion that the four required
conditions for issuing a Special Use Permit in accordance with Section
32.13.B(1)(A) are met due to the following Findings of Fact:
that the use will not materially endanger the
public health or safety if located where proposed and developed according to
the plan submitted and approved.
The Findings of Fact is that it
does meet the condition as testified by Mr. Lea and Mr. Long. There is no
material danger to the public health and safety because it is an addition to an
that the use meets all required conditions
The Findings of Fact is that
there are no specific conditions but the general conditions have been met which
is vehicle circulation and that is not a problem around this facility, parking
and loading as testified to by Mr. Lea the facility meets all minimum required
parking. The affect on adjacent property
should be negligible because this building is existing it is going to be an
addition to the rear of the facility and the utilities will be supplied to the
addition as it is tied in to the existing building.
that the use will not substantially injure the
value of adjoining or abutting property or that the use is a public necessity
The Findings of Fact is the
addition will not injure the value of adjoining property it is making it more
accessible to the existing structure.
that the location and character of the use, if
developed according to the plan as 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 Fact is that it
is in harmony with the area because it is an addition to an existing
Mrs. Mary Watson seconded the motion. The Board voted
unanimously to approve the motion on the findings of fact.
(AYES: Wilson, Gee, Watson, Stephens, Straney)
Mr. Mike Gee made a
motion to approve the Special Use Permit for Christian Tabernacle UCC to be
located at 1020 Rosenwald Street in Burlington, 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 or
void, then this permit shall be void and of no effect. Charlotte Straney seconded the motion. The
Board voted unanimously to approve the Special Use Permit
(AYES: Wilson, Gee, Watson, Stephens, Straney)
Chairman Wilson asked if there was a nomination for a
Chairperson and Mr. Gee nominates Chairman Wilson, Mrs. Watson seconded the
nomination and with a unanimous decision Mr. Wilson remains Chairman. Chairman Wilson asked if there were any
other nominations or discussions, there were none.
(AYES: Gee, Watson, Stephens, Lance and Straney)
Ms. Straney nominated Mr. Gee for Vice Chairperson and
Mrs. Watson seconded the nomination and with a unanimous decision, Mr. Gee
remains Vice Chairperson. Chairman
Wilson asked if there were any other nominations or discussions, there were
(AYES: Wilson, Watson, Stephens, Lance and Straney)
MEETING ADJOURNED: 8:55 am