October 10, 2001

Board of Adjustment

OCTOBER 10, 2001

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

Members Present:  Chairman Michael Johnson, Dorothy Marks, James Woolard, Joseph Quigley and Jackie Getsinger. 


Approval of Minutes of Regular Meeting December 13, 2000.  Dorothy Marks stated her vote was not recorded in the minutes of December 13, 2000.  She agreed with Chairman Johnson to deny the request to allow the variance for Christopher Venters. 


Dorothy Marks made a motion to approve the minutes as corrected, seconded by Joseph Quiqley, motion carried.

Secretary Angus had Patricia McElraft and Joyce Bayley sworn in. 


Case 01-105 Roger and Patricia McElraft, 304 Governor Safford Lane, Spinnakers Reach.  Request variance to the Dimensional Requirements, Section 19-102(4), requiring 75’ width at the front building line, at lot 10, 304 Governor Safford Lane, Spinnakers Reach.


Mrs. McElraft said she wants to build a cottage on the property next to her residence and she is trying to keep it as vegetated as possible for animal habitat. The house is only thirty feet wide. The trees are located on the back of the property near the wetland area. The front part of the lot is mostly brush, where the septic tank will be installed. If we are able to move the building line to 60’ instead of 75’, we will be able to save the trees, vegetation, and have less impervious surface for the driveway. Mrs. McElraft said they would not be in conflict with the side setbacks.  Jimmy Taylor, Building Inspector wanted to know how close the house would be to the wetland area. She stated she did not know, but it was close. Joseph Quigley wanted to clarify that her present home is on lot 11, and he wanted to know is there was a house on lot 9.  Mrs. McElraft said no, someone had just bought the lot with plans to build.  Joseph Quigley wanted to know if her proposal has enough width for the driveway.  Mrs. McElraft said the driveway would be narrow, but she is trying to keep the impervious surface to a minimum. 


Ballots were distributed and Chairman Johnson read the vote with the results being 5-0 to grant the variance as requested for 304 Governor Safford Lane.




Case 01-106 – Harry and Joyce Bayley request a variance to the Dimensional Requirements, Section 19-101 (4) Minimum required building setback, to allow construction of a porch within front setback of existing home at Lot 6, Part 7,8, 308 Holly Street, Ocean Forest.




Mrs. Joyce Bayley said they have lived on Holly Street for eighteen years and the foundation for the walls started to shift.  The fireplace, as well as the front wall of the house kept sinking. They thought there wasn’t a sufficient foundation. Additional supports have been put in place, but to no avail.  She stated they hired a professional engineer. They put a double wall across the front of the house and added a lot more support under the house.  They figured  the only way the foundation would support the house was to put pilings in the ground, build the foundation and put the house on top of the pilings.  She said when they went to get the permit for the front porch, they found out they could not build it because it would be in the setback area.  If we had known this in the beginning Mrs. Bayley said, we could have moved the house back. 


She said their house was on a dead end street and the proposed porch would not interfere with the neighbor’s view. A copy is attached to the application stating no objections. She did not think this request would be detrimental to the environment.  There are no trees involved.  Dorothy Marks said if she read the plan correctly, it shows the steps coming straight out to the street.  Mrs. Bayley said no, she thought it would be encroaching too much on the front.  The steps will come down and then turn to the side.  Dorothy Marks asked if the porch would be a covered porch.  Mrs. Bayley said they would like to have it covered.  Mrs. Marks said her concern was in the case of emergency.  If the landing for the stairs is not deep enough, you have to lift someone over the railings to make the turn.  Mrs. Marks said it would be more beneficial for emergency personnel if the steps were straight from the driveway to the deck above. Mrs. Bayley said she was planning on making the landing approximately five feet wide, which would help with mobility.  Jim Taylor, Building Inspector, said the building code requires a means of egress. An elevated structure has to have a minimum of 3x3, which is a three-foot landing and a three-foot set of stairs.      


James Woolard wanted to clarify that the request was to build a deck beyond what the stairway would be.  In your application you stated that if you weren’t given the variance, you would not have access to the front of the house.  Mr. Jimmy Taylor said that currently the foundation of the house is encroaching, not meeting the thirty-foot setback requirement from the right of way.   Mr. Taylor said if you are adding another eight feet, measured towards the street, you will end up with the structure about twenty feet from the right-of-way. Mr. Taylor said there was a typical crawl space foundation there before. 


Joseph Quigley questioned the street addresses of her neighbors.  Mrs. Angus stated the street was numbered wrong years ago.  The left side of the street if the 400 block and the right side the 300 block. 


Mr. Taylor said they issued a permit to install a new pile foundation.  The front porch or the sunroom on the back was not included in the original permit. Mrs. Bayley said the porch was there beforehand.


 Mr. Taylor said he did not know what existed originally.  Mrs. Bayley came to the office to see about building the front porch and sunroom.  I found the initial permit did not include those areas in the cost of the permit. I then requested a survey, and found it to be encroaching.  The permit was not issued. 


Jackie Getsinger said in order for the home to be accessible and livable, she needs the front porch.  Mr. Taylor agreed.  


Mr. Taylor said the initial review for the elevation was under the assumption of meeting the setbacks, etc. Mrs. Marks said she would be agreeable to take the stairs off to the side towards the driveway rather than coming toward the street. 


Mr. Taylor said if the stairs were off to the side, then the encroachment would be approximately 20.6 feet from the right-of-way.  


Chairman Johnson said he proposes that the Board vote on the variance that addresses the covered porch as drawn on the application, stipulating that the stairs egress towards the north and remain within the setback of the porch. 


Ballots were distributed and the Chairman read the vote with the results being 5-0 to grant the variance for the covered porch as drawn on the application, and the stairs egress being towards the north and remain within the setback of the porch.  

Chairman Johnson said he would ask each member to give his/her rationale in both cases. 


Rationale-Case #01-105/McElraft

Joseph Quigley said in reference to Mrs. McElraft’s case, he felt we were meeting the town’s setback requirements for the front and side. Mr. Quigley felt that Mrs. McElraft would do what’s right due to her concern over the wetland limitations, etc.


Jackie Getsinger concurred with Mr. Quigley. 


Michael Johnson concurred and stated it also met significant aspects of the zoning. 


Dorothy Marks said it goes along with the Town’s Land Use Plan to save the maritime forest. The Town should also look at the 75’ requirement.  As long as the structure stays within the setbacks, she had no problem.


James Woolard agreed with above comments.


Rationale-Case 01-106/Bayley

Joseph Quigley said due to the fact that it was an older home, and the house was raised from its existing platform, you obviously have to have egress and access to the house.  It seems reasonable to have the stairway going off to the north as stated earlier. This will allow freedom of movement. 


Jackie Getsinger would like to see the home livable, just like it was before.


Mike Johnson concurred with Mr. Quigley.  We are not making the encroachment much worse that it was.  The surveyor, back in 1986, should have noted the encroachment.  The engineer should have been aware of this also.  He thought justice was served by giving the variance. 


Dorothy Marks concurred with Mr. Johnson.


Jim Woolard said that the Bayley’s have had a hard time and the house needs to be livable. A covered porch will add to the aesthetics of the house. 


Mr. Jim Taylor said he would allow more than a three-foot set of steps; at least that was his understanding. Mr. Johnson said that was correct.  As long as it doesn’t extend out beyond the western end of the deck.   


There being no further business, Jackie Getsinger made a motion to adjourn, seconded by James Woolard, motion carried. 


The meeting adjourned at 9:52 PM.

Posted by The Town of Emerald Isle 10/10/2001