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MINUTES

BOARD OF ADJUSTMENT

City of Burlington, NC

July 13, 2005

 

 

Members Present                                                           Members Absent

City:                                                                            City: 

Mr. H.E. (Ed) Wilson, III, Chairman                                  Mr. Todd Smith

Mr. Mike Gee, Vice Chairman                         

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.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 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.

 
DUE PUBLICATION

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.

 
SWORN TESTIMONY

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.

 

MINUTES

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 HEARD

CASE NO. 15-05  SPECIAL USE PERMIT:  SECTION 32.9 - ZONING ORDINANCE (Churches in Residential Districts)

Christian Tabernacle Church, 1020 Rosenwald Street, Burlington, NC

 

EVIDENCE PRESENTED:

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:

 

1)      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 existing facility.

 

2)      that the use meets all required conditions and specifications

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.

 

3)      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.

 

4)      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 facility. 

 

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)

(NOES:  none)

 

DECISION:

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)

(NOES:  none)

 

 

 

 

 

 

 

OTHER ISSUES:

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)

(NOES:  none)

 

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 none.

 

(AYES:  Wilson, Watson, Stephens, Lance and Straney)

(NOES:  none)

 

 

 

MEETING ADJOURNED:  8:55 am 

 

 

 

                                                                                    ___________________________________

                                                                                    Ed Wilson, Chairman

 

 

 

                                                                                    ___________________________________

                                                                                    Mary Fanelli, Secretary