Orange County NC Website
Browse       Search
ORANGE COUNTY <br />BOARD OF ADJUSTMENT <br />AGENDA ITEM ABSTRACT CASE A-1-16 <br /> Meeting Date: October 10, 2016 <br /> Agenda <br /> Item No. A-1-16 <br /> <br />SUBJECT: CASE A-1-16: Appeal of a Decision made by the Zoning Officer <br /> <br />DEPARTMENT: Planning and Inspections <br /> <br />ATTAC HMENTS: INFORMATION CONTACT: <br />1. Appeal Application <br />2. Property Vicinity Map <br />3. Kara Brewer Building Permit Application <br /> Michael D. Harvey, Planner III (919) 245-2597 <br /> Craig Benedict, Director (919) 245-2575 <br /> <br />PURPOSE: To convene the hearing and begin review of an appeal application submitted by <br />several local property owners concerning a May 18, 2016 e-mail from the Zoning Officer, a copy <br />of which can be found in Attachment 1. <br /> <br />BACKGROUND: A building permit application was filled by Southeast Property Group LLC, <br />care of Ms. Kara Brewer, proposing the erection of an agricultural structure on a parcel of <br />property located at the intersection of Morrow Mill and Millikan Road and further identified <br />utilizing Orange County Parcel Identification Number (PIN) 9729-50-7168. For more information <br />please refer to Attachment 3. <br /> <br />Staff provided an update to Ms. Brown (attorney for the appellants) informing her that “[a]s a <br />result of the submitted documentation no zoning approval of the project was required for a <br />building permit.” The appellants allege this was a decision by staff and that staff erred in making <br />this decision in not conducting a zoning review of the project. <br /> <br />With respect to the review of an appeal application the Board needs to remember the following: <br /> <br />a. The hearing, while open to the public, is not a public hearing where non-applicants are <br />allowed to address the Board or present arguments/testimony for or against a particular <br />item. <br />The sole intent of the meeting is to allow the applicant to present testimony detailing how <br />staff erred with respect to the interpretation/enforcement of the UDO. <br />b. Per Section 2.26.4 of the UDO all decisions of the Board of Adjustment are: ‘… subject to <br />review at the request of any person who has standing as detailed within NCGS 160A-393 <br />(d) by the Superior Court by proceedings in the nature of certiorari’. <br />This appeal must be filed within 30 days of the availability of the notice of decision in <br />accordance with the UDO. <br /> <br /> <br /> <br />69