Minutes 04-17-2018 - Laserfiche WebLink

Browse Search

12 occurred in at least the last thirteen years are unable to determine if it has ever occurred in Orange County. Orange County Planning Staff is presently training Planning Board members using an interactive video E-Learning seminar series from the UNC School of Government. Some training topics are directly relatable to the Board of Adjustment functions, including “Conducting an Evidentiary Hearing” and “Making a Quasi-Judicial Decision,” both by Professor Owens. Training can begin immediately for the Board of Adjustment and continue while the access is active. David Owens, Gladys Hall Coates Professor of Public Law and Government, of the UNC School of Government, gave a brief history of the BOA. He said when zoning was first envisioned, it was deemed that a separate board would be needed to handle quasi-judicial and administrative aspects of development and regulations, as opposed to legislative body that sets the policies and created the board in the first place. He said New York City had the first Board of Adjustment to apply policies to individual cases where some judgement and discretion and fact-finding were necessary. David Owens said this was incorporated into the state enabling acts, which N.C. adopted in 1923 for cities, and required a BOA. He said when counties were given the authority to do zoning in 1959, that same authority was applied. He said the notion was that the Board of County Commissioners would adopt policies, and determine the substantive requirements of the development and regulation, with the advice of a planning board. He said once this was done, decisions that were not objective and were the application of policy would be assigned to the BOA. He said these decisions typically fall into one of three categories: • Variances - justified by substantial hardship but still consistent with the purpose of intent of ordinance; • Appeals of staff decisions or interpretation of an ordinance • Special/conditional use permit – where the ordinance says, “this is allowed in a zoning district” but only if one can show evidence that specific standards set forth in the ordinance are met: harmonious with the surrounding neighborhood, not have a significant adverse impact on neighboring property values, be consistent with plan and ordinance David Owens said in carrying out the authority to make decisions, the BOA holds an evidentiary hearing, not to determine public opinion, but to apply the ordinance as written by the Board of County Commissioners. He said there is very little comment made at these hearings, and the only reason to hold these hearings is to gather evidence to determine the facts that are necessary to apply the ordinance as written. He said witnesses are under oath and subject to cross examination, there is opportunity to present rebuttal testimony, and general fair trial standards seen at a court, but in a slightly more informal sense. David Owens said there are about 500 BOAs in N.C., made up mostly of lay members, who exercise the judicial type function of hearing evidence, and based on that evidence, applying the standards in the ordinance. He said if the BOA does not like the standards, it can make a recommendation to the Board of County Commissioners to change the ordinance, but the BOA has no authority to amend the ordinance on its own. David Owens said he has been asked ahead of time to explain how BOAs are staffed and who provides legal assistance to BOAs. He said in most cities/counties, the planning staff provides planning and administrative support; and usually the city or county attorney provides legal advice to the BOA. He said in smaller governments, most attorneys do not attend unless