BOARD OF ADJUSTMENT

BOARD OF ADJUSTMENT

MINUTES

Thursday, September 22, 2005

The Blowing Rock Board of Adjustment met on Thursday, September 22, 2005 at 7:00 p.m. Members present were Chairman Ron Oberle, Bob McCants, Carol Horne, Annie Whatley and Jerry Starnes. Staff present was Planning Director Kevin Rothrock, Building Inspector John Warren, Town Manager Scott Hildebran, Town Attorney Allen Moseley and Administrative Assistant Sherrie Pitts.

Chairman Oberle called the meeting to order at 7:00 p.m.

APPROVE MINUTES:

Mr. Starnes made a motion to approve the revised minutes. Mr. McCants seconded the motion. All were in favor of the motion.

For statements to be presented John Warren, Kevin Rothrock and Robin Forbes were sworn to the Board.

Mr. Rothrock proceeded with the appeal staff report. Mr. Robin Forbes has filed an application to appeal a decision by the Planning Director requiring the removal of a new metal standing seam roof from a residence in Central Business District. The subject property is located at 567 Main Street on the corner of N. Main Street and W. Cornish Rd. The property is zoned CB, Central Business. The application for appeal was submitted on Wednesday, August 31, 2005, which was within the 30-day appeal period. All property owners entitled to notice of the hearing have received proper notification, and the property has been posted. Mr. Forbes has appealed a Notice of Violation dated August 11, 2005. This notice required the removal of a recently installed metal standing seam roof from Mr. Forbes house located at 567 Main Street. Mr. Forbes hired Gragg Roofing from Lenoir and had the roof covered with standing metal seam within 6 to 8 hours. Neither Mr. Forbes or the roofing contractors made any contact with the Planning and Inspections Department about required permits prior to installing the new roof. Upon discovery, the contractors were informed a zoning permit was required prior to installing a new roof and that the roof would have to be removed based on the Land Use Ordinance. The contractors were also informed that the Town would deal directly with the property owner on compliance with the Land Use Ordinance. Metal standing seam was removed from the ordinance as an appropriate roofing material on commercial buildings on August 13, 2002 (Ordinance No. 2002-08). Roofing materials for commercial buildings were further clarified by Ordinance No. 2005-01 on March 8, 2005. On July 12, 2005 the Town Council adopted an ordinance (Ordinance No. 2005-02) that required all structures in the Central Business District, including single-family homes, to adhere to the commercial design standards in the Land use Ordinance. Ordinance No. 2005-02 also requires that a zoning permit be obtained prior to minor changes in single-family structures in the CB district. Minor changes that require a zoning permit include paint color, roofing, and windows, ect. Section 302.05 of the Land Use Ordinance, as amended by Ord. No. 2005-02, specifies the type of roofing material that is allowed on single-family homes in the CB district. After Town Council adopted Ordinance 2005-02, the Planning Staff mailed courtesy letters to 39 single-family property owners in the Central Business District. These letters explained that the Land Use Ordinance had been recently amended and that any exterior renovations or modifications to any structure in the CB District, including single-family, required a permit (zoning or conditional use) approval. The letters mailed to addresses provided by the Watauga County Tax Office. The Tax Office is the source of addresses for public notifications and mailings, three were returned. Coincidentally, Mr. Forbes’ letter was returned as undeliverable based on the address provided by Watauga County. Within days after the three courtesy letters were returned to the Planning Department, Mr. Forbes apparently hired Gragg Roofing to replace the roof on his house at 567 Main Street. The Planning Director spoke with Mr. Forbes on the phone regarding the metal roof at 567 Main Street. The Planning Director informed Mr. Forbes of the requirements of the Land Use Ordinance and that metal roofs were not permitted in the CB District and would have to be removed. The Planning Director informed Mr. Forbes that a Notice of Violation would have to be issued requiring the removal of the roof. At this point, a valid mailing address for Mr. Forbes was obtained. A Notice of Violation dated August 11, 2005 was sent to Mr. Forbes at his Terrell, NC address. Mr. Forbes received the Notice of Violation on August 13, 2005. On August 31, 2005, Mr. Forbes filed an administrative appeal of the Notice of Violation and the decision of the Planning Director requiring removal of the metal standing seam roof from the house at 567 Main Street.

Mr. Starnes, board member, asked if there was a dollar amount in the building code on building change before requiring a permit. Mr. Rothrock stated that in the CB District a zoning permit was required for roofing.

Ms. Horne, board member, asked if, as the roof went on the owner had received notification. Mr. Rothrock commented that the roof had gone on within 6 – 8 hours, the owner had not received notification.

Ms. Whatley, board member, asked if further contact is attempted if letters are returned. Mr. Rothrock advised that addresses are gathered by the County tax records, no other attempt was made to locate another address.

There was some discussion on addresses and tax records. Mr. Rothrock entered into evidence the Watauga County Tax list of the subject property.

With no further questions of Staff Chairman Oberle opened the floor to the Applicant.

Mr. Robin Forbes, applicant, advised the house had belonged to his grandmother and he gave some personal background about the house. During July there had been a lot of rainfall and the renter had complained of the roof leaking and said that it needed to be fixed. Because of the rain Mr. Forbes stated that he wanted to repair as soon as possible. Mr. Gragg was available for the job and did it quickly at a reasonable price. To remove it will cost between $500 and $1000. To replace it would be another $3500 to $6000.

Chairman Oberle asked who received mail at the PO Box that was listed in the Watauga Tax office. Mr. Forbes advised that the PO Box had been canceled three years ago and had been his grandmother’s address.

Chairman Oberle asked if a change of address had been done at the tax office. Mr. Forbes commented that the address had not been changed. Mr. Forbes stated that his dad had always taken care of the property. After he passed away Mr. Forbes became the caretaker of the property. Mr. Forbes sister-in-law helps by taking care of the book work and lives at the same Terrell, NC mailing address.

Ms. Whatley questioned why change a shingled to a metal roof. Mr. Forbes stated that it looked good and it was cheaper. Mr. Forbes stated that he had just redone his roof and commented on the cost.

Chairman Oberle spoke to Mr Forbes and advised that not changing the address has created a hardship with having property in the Central Business District. Mr. Forbes said that he did not know the property was commercial.

Mr. Starnes asked if and how he received the tax bill. Mr. Forbes stated that he did receive the tax bill and it came to his Terrell, NC address. Ms. Horne commented that she had a copy of the deed from Watauga County and it did have the Terrell, NC address listed. Mr. Warren, building inspector, advised he had called the tax office and they still listed the PO Box address but it did show what could possibly have been a mortgage company.

Mr. Rothrock explained the address retrieval and mailing process and commented that the property was for sale and was listed as commercial property.

With no further questions or comments Chairman Oberle closed the floor.

Mr. Starnes asked if Mr. Forbes had a legal contract with Vincent Properties to sell the property. Mr. Forbes advised that he did have a contract. Mr. Forbes commented that finances had improved and he was thinking about taking the house off the market.

Mr. Rothrock stated that in the situation of this case he was regretful, but that he was in charge of enforcing the ordinance set forth by the Town.

There were questions about penalties. Mr. Rothrock advised that after the deadline established by the decision of the Board, the penalty would be $100 per day until compliance.

Mr. Starnes made a motion to close the public hearing. Ms. Whatley seconded the motion. All members were in favor of the motion.

Chairman Oberle said these are the facts given:

· The Zoning Administrator’s decision required the Appellant to remove a metal standing seam roof installed on a residence at 567 Main Street.

· An ordinance was adopted on July 12, 2005 by the Blowing Rock Town Council that prohibits metal standing seam roofs from any structure in the Central Business District.

· Due public notice was given prior to the public hearing adopting the ordinance.

· The language in the ordinance is clear and understandable.

· The Appellant’s house is a residence in the Central Business District.

· The roof on the Appellant’s house is noncompliant.

Mr. Starnes made a motion supporting the Administrators decision on the notice of violation. The applicant has 90 days from the date of the order to replace the noncompliant roof with appropriate roofing material consistent with the Land Use Code. Ms. Horne seconded the motion. All members were in favor of the motion.

For statements to be presented John Warren, Kevin Rothrock and Robin Forbes were sworn to the Board.

Mr. Starnes, board member, asked if there was a dollar amount in the building code on building change before requiring a permit. Mr. Rothrock stated that in the CB District a zoning permit was required for roofing.

Ms. Horne, board member, asked if, as the roof went on the owner had received notification. Mr. Rothrock commented that the roof had gone on within 6 – 8 hours, the owner had not received notification.

Ms. Whatley, board member, asked if further contact is attempted if letters are returned. Mr. Rothrock advised that addresses are gathered by the County tax records, no other attempt was made to locate another address.

There was some discussion on addresses and tax records. Mr. Rothrock entered into evidence the Watauga County Tax list of the subject property.

With no further questions of Staff Chairman Oberle opened the floor to the Applicant.

Chairman Oberle asked who received mail at the PO Box that was listed in the Watauga Tax office. Mr. Forbes advised that the PO Box had been canceled three years ago and had been his grandmother’s address.

Ms. Whatley questioned why change a shingled to a metal roof. Mr. Forbes stated that it looked good and it was cheaper. Mr. Forbes stated that he had just redone his roof and commented on the cost.

Chairman Oberle spoke to Mr Forbes and advised that not changing the address has created a hardship with having property in the Central Business District. Mr. Forbes said that he did not know the property was commercial.

Mr. Rothrock explained the address retrieval and mailing process and commented that the property was for sale and was listed as commercial property.

With no further questions or comments Chairman Oberle closed the floor.

Mr. Starnes asked if Mr. Forbes had a legal contract with Vincent Properties to sell the property. Mr. Forbes advised that he did have a contract. Mr. Forbes commented that finances had improved and he was thinking about taking the house off the market.

Mr. Rothrock stated that in the situation of this case he was regretful, but that he was in charge of enforcing the ordinance set forth by the Town.

There were questions about penalties. Mr. Rothrock advised that after the deadline established by the decision of the Board, the penalty would be $100 per day until compliance.

Mr. Starnes made a motion to close the public hearing. Ms. Whatley seconded the motion. All members were in favor of the motion.

Chairman Oberle said these are the facts given:

· The Zoning Administrator’s decision required the Appellant to remove a metal standing seam roof installed on a residence at 567 Main Street.

· An ordinance was adopted on July 12, 2005 by the Blowing Rock Town Council that prohibits metal standing seam roofs from any structure in the Central Business District.

· Due public notice was given prior to the public hearing adopting the ordinance.

· The language in the ordinance is clear and understandable.

With no further business Mr. Starnes made a motion to adjourn. Seconded by Ms. Whatley. All members were in favor of the motion

Adjourn

With no further business, the Board adjourned at 8:17 p.m.

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Ron Oberle, Chairman Sherrie Pitts, Administrative Assistant

For statements to be presented John Warren, Kevin Rothrock and Robin Forbes were sworn to the Board.

Mr. Starnes, board member, asked if there was a dollar amount in the building code on building change before requiring a permit. Mr. Rothrock stated that in the CB District a zoning permit was required for roofing.

Ms. Horne, board member, asked if, as the roof went on the owner had received notification. Mr. Rothrock commented that the roof had gone on within 6 – 8 hours, the owner had not received notification.

Ms. Whatley, board member, asked if further contact is attempted if letters are returned. Mr. Rothrock advised that addresses are gathered by the County tax records, no other attempt was made to locate another address.

There was some discussion on addresses and tax records. Mr. Rothrock entered into evidence the Watauga County Tax list of the subject property.

With no further questions of Staff Chairman Oberle opened the floor to the Applicant.

Chairman Oberle asked who received mail at the PO Box that was listed in the Watauga Tax office. Mr. Forbes advised that the PO Box had been canceled three years ago and had been his grandmother’s address.

Ms. Whatley questioned why change a shingled to a metal roof. Mr. Forbes stated that it looked good and it was cheaper. Mr. Forbes stated that he had just redone his roof and commented on the cost.

Chairman Oberle spoke to Mr Forbes and advised that not changing the address has created a hardship with having property in the Central Business District. Mr. Forbes said that he did not know the property was commercial.

Mr. Rothrock explained the address retrieval and mailing process and commented that the property was for sale and was listed as commercial property.

With no further questions or comments Chairman Oberle closed the floor.

Mr. Starnes asked if Mr. Forbes had a legal contract with Vincent Properties to sell the property. Mr. Forbes advised that he did have a contract. Mr. Forbes commented that finances had improved and he was thinking about taking the house off the market.

Mr. Rothrock stated that in the situation of this case he was regretful, but that he was in charge of enforcing the ordinance set forth by the Town.

There were questions about penalties. Mr. Rothrock advised that after the deadline established by the decision of the Board, the penalty would be $100 per day until compliance.

Mr. Starnes made a motion to close the public hearing. Ms. Whatley seconded the motion. All members were in favor of the motion.

Chairman Oberle said these are the facts given:

· The Zoning Administrator’s decision required the Appellant to remove a metal standing seam roof installed on a residence at 567 Main Street.

· An ordinance was adopted on July 12, 2005 by the Blowing Rock Town Council that prohibits metal standing seam roofs from any structure in the Central Business District.

· Due public notice was given prior to the public hearing adopting the ordinance.

· The language in the ordinance is clear and understandable.

With no further business Mr. Starnes made a motion to adjourn. Seconded by Ms. Whatley. All members were in favor of the motion

Adjourn

With no further business, the Board adjourned at 8:17 p.m.

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Ron Oberle, Chairman Sherrie Pitts, Administrative Assistant

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