BOA minutes 101016 - Laserfiche WebLink

Browse Search

Approved 12/12/16 OC Board of Adjustment – 10/10/16 Page 101 of 113 Barry Katz: The question that is presented. This is what the focus of all of this is. Is whether Mr. Harvey’s 1 zoning approval was correct or not. 2 3 James Bryan: Right. Well, and wrapped into that is some jurisdictional questions. That was at least posed 4 to you about whether he made statements at all in that email. So keep in mind that it must be an affirmative 5 action of staff. The lack of action is a totally separate thing that this Board does not have jurisdiction of. 6 Now there are questions about this last email, about the barn status long ago about whether that’s in writing 7 or not, that’s different and I don’t know the answer to that. 8 9 Barry Katz: So the fact that he did not take action speaks to what you just said. We can’t consider the fact 10 that his idea was that there was no zoning approval required? 11 12 James Bryan: What you have to reconcile is what he did. And he has multiple writings and multiple 13 testimony, and there’s some confusion between the public about what he actually did. So it’s this Board ’s 14 job to say. 15 16 Barry Katz: Ok. I do believe I have a gist of what you just said and we may find out whether I do or not. So 17 now you suggest that we proceed 1,2,3 as far as this goes? Address standing? 18 19 James Bryan: If you don’t want to address standing, if you don’t want to address the final determination 20 that’s a jurisdictional question. It’s the last page that is really what it is. It’s just simply do you affirm, reverse 21 or modify his decision? But to get there you have to understand what are you modifying? What was the 22 decision? Was his email, was that a decision? Was something else a decision? 23 24 Susan Halkiotis: So Mr. Harvey’s decision was that no zoning permit was required, based on the 25 documentation that was submitted? So, this is what we’re discussing, his decision? 26 27 James Bryan: Yeah I think at least one party has offered that it wasn’t a decision. That he was merely 28 relaying that information. 29 30 Barry Katz: So there was no decision? 31 32 James Bryan: That’s what… 33 34 Barry Katz: Oh, ok. That’s fascinating. 35 36 Karen Barrows: I think the building permit comes through the building department so perhaps the question 37 is whether Mr. Harvey should have had more input into that, prior to the issuance or not? 38 39 James Bryan: So the issuance of the building permit is outside of this body’s jurisdiction. That was issued 40 by the building inspector who applies a different statute with the North Carolina State Building Code. In that 41 he may or may not have relied upon Michael. 42 43 Susan Halkiotis: But he does rely on him. He does rely on what the Planning Department’s decision is with 44 regards to zoning approval. Right? 45 46 James Bryan: That I can’t speak to because… And I apologize if I’m making this hard. So I can’t testify. I 47 can’t give you any information that’s useful. 48 49