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Town of Emerald
Isle
Board of
Adjustment Minutes of Regular Meeting
Wednesday, October
9, 2002
The meeting was called to order at 9:05 A.M. by Chairman,
Michael Johnson.
Members in attendance:
Michael Johnson, Winton Smithwick, Joseph Quigley, Jim Woolard and Mark
Brennesholtz. Also attending,
Rhonda Ferebee as acting Secretary in absence of Carol Angus; and James Taylor,
Building Inspector.
Minutes of Regular Meeting, August 21, 2002, were approved
as written. Motion to approve was
made by Mark Brennesholtz, second by Winton Smithwick.
Case #02-13 Robin R. Betts requests a
variance from Section 19-101 to 1.) build
front stairs in order to access the upper level from the outside which will
create an additional 6’ encroachment into the front setback. 2.)
to extend the existing roof line to the corner of the proposed new
stairs. 3.) to extend the existing roof line to the corner of the rubber
roof that will be above existing pickets of upper deck at 205 Live Oak St.,
Block 34, Lot 45E.
Mr. Wiley Betts and Mrs. Robin Betts both presented their request and
were sworn in by Ms. Ferebee.
I, Robin R. Betts, hereby petition the Board of
Adjustment for a VARIANCE from the literal provisions of the TOWN OF EMERALD
ISLE , NC Zoning Ordinance because, under the interpretation given to me by the
Zoning Enforcement Officer, I am prohibited from using the parcel of land
described in the attached form (General Application Form) in a manner shown by
the plot plan attached to that form. I
request a variance from the following provisions of the ordinance (Section
19-101):
1.)
to build wooden front stairs to access the upper level from the front,
outdoors, going into the 30’ setback an additional 6’.
2.)
To extend existing roof line to cover proposed stairs, upper 3 treads,
landing & lower 8 treads.
3.)
To extend existing roof line to cover rubber roof rt. of photo
& above picket line;
So that the above mentioned property can be used in a
manner indicated by the plot plan attached to the General Application .
Factors Relevant to the Issuance of a Variance
- There
are practical difficulties or unnecessary hardships in the way of carrying
out the strict letter of the ordinance.
(1)
If he complies with the provisions of the ordinance, the property owner
can secure no reasonable return from
or make no reasonable use of his property.
1)
Easier and safer access to upper level.
Allowing additional exit routes in case of fire or emergency.
2)
Covered proposed stairway for dry entry in inclement weather.
3)
Covered rubber roof for future plans of enclosing area with screen or
glass and in the meantime, a safer drier surface for walking.
Also possible leaks into garage with high maintenance costs.
(2)
The hardship of which the applicant complains results from unique circumstances related to the
applicant’s land.
1.)
Additional access to upper level through existing front door. A more direct and safer route.
2.)
Covered entry of egress
3.)
Covered rubber roof for safer walking surface and for future plans.
(3)
The hardship is not the result of the applicant’s own actions.
1.)
Presently only two entrances into house,
lower front and back stairway – through garage or around house.
2.)
Covered access
3.)
Future plans & present
safety.
- The
variance is in harmony with the general purpose and intent of the ordinance
and preserves its spirit.
1.)
Proposal is simple and would enhance appearance.
2. & 3.) Extended roof
lines from existing ones would add
continuity and greater curb appeal.
- The
granting of the variance secures the public safety and welfare and does
substantial justice.
1.)
Proposal offers more and easier access into house with
Obvious paths to doors,
etc. for guests and safety personnel.
2.& 3.) No additional
encroachment, just a continuation of the 4’
previous work done.
Chairman Johnson asked Mr. Betts if they had bought the
house “as is”. They said that
they did buy the house “as is”. They
did not build the house.
Mr. Taylor commented that he agreed with the applicant as
far as allowing another exit from the top level for life safety issue.
This was an issue that he would completely support.
Mr. Betts said that they had looked at every conceivable
scenario to try to pull the home into compliance in order not to have to go
before the Board. Short of cutting
a doorway through somewhere this was the most economical and reasonable way of
providing this safety access.
Chairman Johnson asked if they had considered running the
stairs parallel to the house to the south.
Mr. Betts said he would prefer to stay away from the window
probably more for aesthetic reasons. He
would hate to sit downstairs and look out at a set of stairs.
He had looked at many different ways and this seemed the best option.
This way they can go down, hit a platform and turn toward the driveway.
Mr. Betts stated that they would want to keep the steps as
close to the house as possible and minimize what you could see from the front.
According to their drawings they would be encroaching about another 6
feet beyond the existing encroachment.
Mr. Woolard asked if this was a house that had been built
on pilings and they closed in downstairs.
Mr. Betts said he thought this was a flat roofed house at
one time and they built up.
Mrs. Betts said the original owner used to drive around
back and enter through the back stairs. When
they renovated the home is when they ended up with the upper door to nowhere.
This is the door that leads to the rubber roof.
Mr. Betts stated rubber roof goes underneath in front of
the door and in talking with roofers he was advised that they shouldn’t put
anything on top of a rubber roof. That
brings up the second part of their proposal which is to bring the roof across.
The roof is currently leaking into garage.
Mr. Woolard asked if they planned to extend the roofline
and just have open space.
Mr. Betts said that another part of the proposal
takes the roofline over where the pickets are on the second story.
They want to extend the roofline all the way over to the end of the
pickets.
Mr. Brennesholtz commented that the drawings submitted were
not accurate.
The Betts realized that the drawings were not completely
accurate. At that time Mrs. Betts
brought the drawing up for the members to see more clearly and to better
understand their proposal.
There was discussion concerning whether the house was a
duplex.
Mr. Taylor defined duplex
as having two separate utilities as well as a one hour fire separation
between tenants.
Mr. Betts stated that they did not have two separate
utilities but they did have someone staying downstairs.
Mr. Taylor stated that this was not a duplex.
He had been on site inside. Because
a unit has two kitchens, that does not constitute a duplex.
There was much discussion concerning how you currently
enter and exit the house. Mr.
Taylor said you had to actually walk out of the house and then go back into the
house to get to the stairs which is why he would support the additional means of
egress from the front.
Concerning the stairs, Mr. Taylor stated that based on the
height you would have about 9’ that would actually come out.
Mr. Quigley asked if that was 9’ feet in addition to the
41/2’ encroachment.
Mr. Betts said that it would only be an additional 6’
into the encroachment.
Mr. Taylor said they will step down off south side of deck,
come down approximately 4 steps to a landing and then turn to the east which
should put the stairs no more than 10’ from that point.
Chairman Johnson stated they have a 4.31’ encroachment
now. It should create a little over
6’ additional encroachment.
Mr. Smithwick asked if the new roof would cover the whole
6’ or just to cover the landing.
Mr. Johnson said that the new roof would be just an
extension of the existing roof to cover the landing area.
Much discussion followed concerning the existing 4.31’
encroachment and the proposed addition to this encroachment.
Mr. Quigley was concerned that they were enhancing an
existing encroachment.
Mr. Taylor stated that the encroachment was there and all
you’re doing is covering the encroachment. You may be enhancing it but
you’re not adding to it. Mr.
Johnson said you’re improving the part that encroaches.
Mr. Brennesholtz suggested making conditions that might
clarify the problems.
1)
Do 5 steps parallel to the house rather than 4 which would save a foot or
so encroachment to the east.
2)
Continue the existing roof line that encroaches now over the new steps
and the
landing so you continue the
roof line. You do not extend out
any further to the east.
3)
Continue the existing roof line to the northeast corner of the house over
the rubber roof.
4)
No encroaching enclosure under the northern roof extension without
further application.
Chairman Johnson then asked for ballots to be passed out
for decision and signature of each member.
Chairman Johnson advised that the variance was granted
by a unanimous vote as amended.
Rationale for the decision as follows:
Mr. Quigley stated that he didn’t have any problems with the first two
requests for safety reasons. The last
request he wanted to limit. He
didn’t want to cover the garage and have the roof go over beyond that.
So basically by extending the existing line as it is right now out northeast
and any enclosure underneath would
have to be under the area that didn’t encroach at all. Beyond that you would have to come back
to the Board of Adjustment.
Mr. Brennesholtz said that he
thought that along with the safety issue, it would enhance and improve the
appearance of the house and therefore the neighborhood.
He was quite concerned about houses that grow organically, just keep
adding on piece by piece, but that appears to be what has happened to the house
already and this will clean it up. So
with the conditions noted he voted to approve.
Chairman Johnson voted to grant the variance as amended because of the
safety improvement and aesthetic improvement.
Mr. Woolard agreed with all previous members.
Mr. Smithwick also voted to grant
the variance based on the same comments made by the other members.
Before adjourning Chairman Johnson wanted to thank Jim
Woolard for his efforts over the last few years. He knew he would be
leaving soon and one of the alternates would probably move up to take his seat.
There being no further business before the board Jim
Woolard made motion to adjourn at 9:55 A.M.
Respectfully submitted:
Carol Angus, Secretary
Town of Emerald Isle
Board of Adjustment
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