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07JulyPB - Special Meeting *SY, p©, MINUTES = RANDOLPH COUNTY PLANNING BOARD _ 17/9 July 29, 1987 There was a meeting of the Randolph County Planning Board on Wednesday, July 29, 1987, at 1 :30 p.m. , in Courtroom B, County Courthouse, Asheboro, N.C. The following members were present: ABSENT Don Hancock, Chairman Charles Adams (illness) Doyle Stout, Vice-Chairman Bud Osborne Tal Harrison Guy Troy Ray Farlow Arlie Culp Maxton McDowell Lyndon Craven Bill Dorsett 1 . Hal Johnson, Planning Director, reviewed with the Board the purpose of this special meeting was to review and discuss the responsibilities of the Planning Board when it functions as a Zoning Board of Adjustment. Johnson said that with the enactment of Countywide Zoning and Planning the Board will be meeting many more times as a Zoning Board of Adjustment; particularly in areas pertaining to "Vested property rights", and Variances. Ginger Booker, Director of Legal Services, Piedmont Triad Council of Governments, presented a training session concerning the role and responsibilities of the Planning and Zoning Board of Adjustment. The following is a summary of the information points reviewed: The Board of Adjustment is a "Quasi-Judicial" administrative Board that operates on a level between County Zoning officials and the Courts. The Board of Adjustment is empowered by N.C. General Statutes to hear and decide appeals from citizens concerning interpretations of zoning regulations or to review any order or decision made under County law by zoning officers. It is important to note that before any action of the Board of Adjustment is considered "approved" 4/5 of the regular members must vdte either "for" or "against" the request. This will require a vote of 6 of 7 members to approve any request. (The Randolph County Planning Board of Adjustment consists of 7 regular members.) There is no legal appeal to the Board of Commissioners such as the case in Re-Zoning requests. The only appeal begins with the Superior Court of Randolph County. Another operating procedure to note is that the Chairman of the Board of Adjustment is authorized to administer oaths to witnesses in any matter coming before the Board. When making final decisions the Board of Adjustment is mandated by law to make the following "Findings of Fact". A. That there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance. B. That the Variance is in harmony with the general purpose and intent of the ordinance and preserves its spirit. C. That in granting the Variance the public safety and welfare have been assured and substantial justice has been done. When the Board of Adjustment is making "Findings of Fact" it should also consider the following points: 1 . If the applicant complies with the provisions of the Ordinance, he can secure no reasonable return from, or make no reasonable use of his property. 2. The hardship results from the application of the Ordinance. 3. The hardship is suffered by the applicants property directly. 4. The hardship is not the result of the applicants own actions. 5. The hardship is peculiar to the applicants property. In North Carolina the Supreme Court has rules that "the findings of the Board when made in good faith and supported by evidence, are final". It went on to hold that a superior court could not receive additional evidence on an appeal from the Board of Adjustment, nor could the Court order the Board to reopen the case to receive such evidence. This means that the Board of Adjustment should, in order to assure fairness, exercise • the greatest care in making factual determinations. The Training Session ended by noting that if it were possible for a Board of Commissioners to enact a perfect zoning/land use Ordinance that would meet the needs of the entire community while at the same time avoiding hardship in individual cases, there would be no need for a Board of Adjustment. Obviously this in humanly impossible and this is what makes decisions of the Board of Adjustment so critical. 2. Being no further business the meeting adjourned. RANDOLPH COUNTY NORTH CAROLINA Planning Direc or �� ✓ 3 99 T7 DATE NOTARY ae ( r o 7719