5.9.22 BOA Minutes - Laserfiche WebLink

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Approved 1.11.23 1 the board are based solely on competent, substantial, and material evidence presented during a scheduled evidentiary 2 hearing on a specific item. As detailed within Section 2.12.2 of the UDO the Board chair reserves the right to exclude 3 evidence and testimony that is deemed: `incompetent, irrelevant, immaterial, or unduly repetitious' and therefore fails to 4 reasonably address the issues before the Board of Adjustment. While it should be noted there is no time limit on the 5 presentation of evidence, the Chair asks that the presentation of evidence be consistent with established policies, rules 6 of procedure, and acceptable levels of decorum to ensure a fair and equitable hearing for all parties. 7 8 9 AGENDA ITEM 5: CASES 10 11 A. SUP22-0002 Special Use Permit application proposing to erect a nem.f 12 telecommunmeation facility at 3606 EdmundLatta G�Tllsborough (PIN 9877-82= 13 39W ITEM WAS WITHDRAWN FROM CONSIDERATION AT THE REQUEST OF THE 14 APPLICANT ON APRIL 27, 2022. 15 16 B. BA22-0001 — Variance application requesting a 8.4 foot reduction to the required site 17 yard setback at 429 Gaines Chapel Road, Efland (PIN 9844-66-6445) 18 19 In accordance with UDO Sections 2.10 Variances and 3.3 Residential Districts, the 20 property owners have submitted this variance request for their parcel of property, which is 21 further described as follows: 22 • Orange County Parcel Identification Number: 9844-66-6445 23 • Acreage: 0.5 acres 24 • Zoning District: Rural Residential 25 • Watershed Designation: Upper Eno Protected 26 27 The applicants are requesting an 8.4 foot variance from the normally required 20 foot side 28 yard setback. If approved, a structure will be allowed to be 11.6 feet from the side property 29 line versus the typically required 20 foot side yard setback per Section 3.3 of the UDO. 30 31 The applicants argue the due to the existing power line easement, septic, and well areas, 32 the proposed new home cannot be located and constructed to meet the easement setback 33 and the side yard setback. In addition, the existing home located onsite does not meet the 34 existing side yard setback. 35 36 Leon Meyers: asks Patrick Mallett to present a summary of the case. 37 38 Patrick Mallett: explains his role in the Orange County planning department as the Erosion Control Supervisor and 39 previously in the Current planning role. He explains the variance application for the setback requirements. In the 40 abstract you will see the applicant is Beverly Stokes, who is in attendance. She is seeking a variance for this parcel. 41 She is seeking a reduction in the minimum of 20 foot side setbacks. If granted the variance, you would be allowing her 42 to rebuild up to the 11.6 feet away from the property line. This is parallel to an existing structure. This is the staff 43 determination that this is consistent with what is required in terms of the application. We will go over the finding of facts 44 at the end. This is the zoning report and site assessment giving an overview of the property. This is the existing home 45 here. This is the accessory structure here. The condition of this building, it's in ill-repair. It is just not cost effective to 46 refurbish that structure. Here is the notification letter inviting residents to this meeting. This is the site plan, this is the 47 most relevant piece to talk from. Going through here is the transmission easement. You have also got septic systems 2