December 13, 2000

Board of Adjustment

Minutes of

Town of Emerald Isle Board of Adjustment

Wednesday, December 13, 2000

The meeting was called to order by Chairman Michael Johnson at 9:00 A.M.

Members in attendance: Michael Johnson, Dorothy Marks, James Woolard, Joseph Quigley and Winton Smithwick. Jackie Getsinger was excused, being out of Town and Kevin Viverette with a possible conflict of interest.

The minutes of the previous meeting of July 12, 2000 were approved as written. Motion to approve the minutes was made by Dorothy Marks unanimously approved in favor of the motion.

Case 00-003 Christopher Venters requests variance to allow existing accessory building to remain within the setback limits.

  • Mr. Venters and Mr. Jim Taylor, Building Inspections Director were sworn.

    Mr. Venters then gave a lengthy description of how the building came to being placed in the area that it was. He did not realize that a permit was necessary for the shed because a building permit was ongoing for the residence. He said that at the time he met with Mr. Yost, former building inspector, he was given the incorrect setback on the north and south of the property. He then went ahead with the construction on that premise and did not get a building permit for the shed.

    He explained that he and his wife had changed the location of the house from the original location because of the installation of the septic tank. Due to the configuration of the property, the Ocean Drive side, it made more sense to place the shed on the lower portion of the slope of the lot. He was interested in safety for his children, not creating a blowhole from wind, and the aesthetics of the neighbors.

    Mr. Taylor gave an illustration on the chalkboard of how the building could be built into the dune without jeopardizing the integrity of the dune. There were several questions from the members of the board to Mr. Taylor and to Mr. Venters.

    After discussion between Board Members, Mr. Venters and Mr. Taylor the Chairman asked for vote, explaining to Mr. Venters that at 4/5 majority is required for a variance to be granted.

    The request for variance was to allow the accessory building to remain it it’s present location, 8’10" inside the southern setback on Ocean Drive.

    Ballots were distributed and the Chairman read the vote with the results being a vote of three to deny and two to grant the variance. Mr. Johnson advised Mr. Venters that the request for variance be denied.

    Chairman Johnson then asked for the rationale of each of the members for their vote on this request.

    Mr. Joseph Quigley said he voted to grant the request because he was impressed by the candor expressed by Mr. Ventors in his concern for the dunes and safety of his children.

    Mr. Winton Smithwick said he voted to grant the request because it was a unique situation and the shed would not interfere with anything, and there was no opposition from anyone.

    Mr. Michael Johnson voted to deny the request because it seemed to be flaunting the code, there would be no significant damage to the dune and if done as Mr. Taylor explained no blowhole should be created.

    Ms. Marks agreed with Chairman Johnson to deny the request.

    Mr. Jim Woolard voted to deny the request because the building could be moved and designed to be safe for the children and meet the required setback.

There being no further business before this board, the meeting was adjourned at 10:05.

Posted by The Town of Emerald Isle 12/13/2000