Approved December 14, 2007
TOWN OF DUCK
BOARD OF ADJUSTMENT MINUTES
FRIDAY, MARCH 30, 2007
The Board of Adjustment for the Town of Duck convened at the Duck Municipal Offices at 2:00 p.m. on Friday, March 30, 2007.
BOARD OF ADJUSTMENT MEMBERS PRESENT: Chairman Sam Taylor, Members Patty Wander, Eileen Neren, and Alternate Ken Yarbrough. Staff present: Director of Community Development Sue Cotellessa, and Board of Adjustment Clerk Sandy Cady.
Chairman Taylor stated that a quorum was present and that Alternate Ken Yarbrough would be participating in Allan Starr’s absence.
OTHERS PRESENT: Appellant Marc Snapp and two additional members of the public.
The meeting was called to order by Chairman Taylor, at 2:04 p.m.
QUASI-JUDICIAL HEARINGS (Regular Members to Participate)
SE 2007-003 A special exception application, submitted by project representative Marc Snapp, on behalf of Marc and Evelyn Oosterhuis, property owners at 108 Marlin Drive, also known as Lot 6, Saltaire Subdivision, in Duck, North Carolina. Pursuant to Zoning Ordinance Section 24.4, the special exception request is to allow removal and replacement, with modifications to landings and stairs, of an existing deck on the south side of the house. The proposed construction does not meet the required side yard setback from the east property line (approximately 8 feet, where 10 feet is required by Sec. 17(d)(4)). The original house was sited in its current location on the property in 1981, prior to zoning in Duck. The deck is proposed to match the building’s existing setback on the east side and will not encroach into the setback beyond the east building face.
Chairman Taylor asked if any Board Members wished to disclose any information and recuse themselves. There being no one, Chairman Taylor swore in applicant Marc Snapp and Director of Community Development Sue Cotellessa.
Based upon the application received, proper notice having been provided and all witnesses having been sworn in, Chairman Taylor called on Director of Community Development Sue Cotellessa to present her report.
Director Cotellessa provided a brief overview of the circumstances as detailed and submitted in her staff report. She noted that the home was built before zoning was in place in Duck and the applicant was looking to take off a deck on the front of the house and reconstruct a deck on the same location. She stated that it does not meet the current setback requirements as it is approximately eight (8) feet from the east property line, but meets all other setbacks. She stated that the owners would like to take off the old deck and put a new one on, adding a platform at the ground level and at the top but not extending the deck beyond the current east setback of the house. She reminded the Board that they heard a case similar to this one, but that this application was submitted prior to construction and meets the criteria and all the requirements for a special exception under Zoning Ordinance Section 24.4. She stated that staff recommends approval of the request.
Marc Snapp was recognized to speak. Mr. Snapp stated that the Oosterhuis’ have asked him to rebuild a deck that was currently unsafe. He stated that he didn’t think they realized the deck was over the property line. He stated that he had a survey that was performed in 2001 when they first bought the house, which showed an eight (8) foot side setback but did not show any building lines. He stated that they would bring the deck up to code so it would not be a safety issue.
Director Cotellessa clarified that Mr. Snapp had stated that the house was over the property line but it was not. She stated that the house was fully on the property but encroached on the setback line. She stated that the Homeowners Association had submitted a letter of approval as required.
Member Wander clarified that the letter stated that it was their understanding that the reconstruction would not expand the existing deck beyond its current dimensions. Marc Snapp stated that they would be changing the landing status. He believed that their letter was worded that the area of the deck was over the mean building line.
Chairman Taylor felt it was fairly clear that the plans for the deck did not increase the encroachment upon the setback line at all and conformed to the existing encroachment. Marc Snapp agreed. He stated that they would be moving the existing landing approximately five (5) feet to the east, which did not go across the building setback line and adding a landing lower in the steps. Chairman Taylor clarified that he was expanding the size of the deck slightly but not increasing the current encroachments. Mr. Snapp agreed. Chairman Taylor clarified that the expansion would be to the south. Mr. Snapp agreed.
Chairman Taylor asked if anyone else wished to speak. He asked the Board if they had any questions of the applicants. There being none, he closed the time for comments.
Chairman Taylor directed the Board to review the draft order to grant the exception and look at the findings. The Board reviewed Findings 1A through 5 and found no issues.
Chairman Taylor and the Board reviewed the conditions of the special exception. Director Cotellessa clarified that the applicant could not come back later and enclose the deck for living space as specified in Condition 2.
Chairman Taylor moved that the Board adopt the draft order granting the special exception as presented, making the findings of fact and conclusions as presented in the draft. Member Yarbrough seconded the motion.
Motion carried 4-0.
APPROVAL OF MINUTES FROM MARCH 9, 2007 (Only Board Members acting on that date shall vote on the approval)
Member Wander moved to approve the minutes of March 9, 2007 as presented.
Member Neren seconded the motion.
Motion carried 4-0.
OTHER BUSINESS
None.
STAFF COMMENTS
None.
BOARD COMMENTS
None.
ADJOURNMENT
Chairman Taylor made a motion to adjourn the meeting.
Motion carried 4-0.
The time was 2:17 p.m.
Approved: ______________________________________________
/s/ Secretary