| BOARD OF COMMISSIONSERS JEFFREY
B. JENNINGS |
 |
RANDELL K. WOODRUFF County Manager AVA MURGIA |
Record of Proceedings
Senior Center Conference Room
Courthouse Complex
Chairman Roger Lambertson called to order a meeting of the Camden County Board of Adjustment with the following members present: Roger Lambertson, Morris Kight, William McPherson, Tony Royle, Emory Upton and Patrick Duckwall. Also present were Dave Parks, Permit Technician and Melissa Joines, Clerk to the Board. Board members absent were Calvin Forbes.
Chairman Lambertson called for consideration of the agenda. Chairman Lambertson stated there were no changes to the agenda.
Chairman Lambertson called for consideration of the
Chairman Lambertson called for comments from the public. Hearing none Chairman Lambertson continued with the agenda.
New Business
Item #1 Variance
Application (UDO 2003-11-17) from Jamie Nash on UDO Article 12 Section
1210 (1.112) to install a temporary mobile home located on Ivy Neck Road,
Courthouse Township
Chairman Lambertson called for a motion to open the public hearing. McPherson made a motion to open the public hearing. Royle seconded the motion. The motion passed 5-0.
The applicant requested to be last on the agenda.
Chairman Lambertson hearing no objections called for a motion to close the public hearing. McPherson made a motion to close the public hearing. Royle seconded the motion. The motion passed 5-0.
Item #2 Variance
Application (UDO 2003-11-13) from Thomas Oxley on UDO Article 12 Section
1210 (1.112) to install a temporary mobile home on property to provide
health care located at 101 Sharon Church Road, South Mills Township
Chairman Lambertson called for a motion to open the public hearing. McPherson made a motion to open the public hearing. Royle seconded the motion. The motion passed 5-0.
The applicant Thomas Oxley was sworn in and stated the variance is a request to place a doublewide on his property to care for his wife’s grandparents. Mr. Oxley stated the surrounding neighbors did not have a problem with him moving a doublewide on the property. He would like for the grandparents to be close so they can be cared for.
Chairman Lambertson stated he feels a Class A doublewide would be expensive and harder to move off the property when it is no longer needed.
Mr. Oxley stated a doublewide is more accessible for a wheelchair.
Kight stated a Class A doublewide would be difficult and expensive because of the foundation being bricked in.
Chairman Lambertson stated he was concerned with a Class A doublewide being moved off the property when it is no longer needed and that a less permanent foundation would be easier to move.
Mr. Oxley stated he understood the concern but would like for the grandparents to be close and the foundation would be bricked in for a doublewide.
Glen Carey of
After hearing no more comments for the applicant or the
public, Chairman Lambertson called for a motion to close the public hearing.
Chairman Lambertson called upon
staff, Dave Parks stated that staff recommends disapproval to temporarily
install a Class A doublewide manufactured home, but would recommend approval
of temporarily installing a Class B singlewide.
Chairman Lambertson then continued with the variance questions:
1.
If the applicant complies strictly
with provisions of the Ordinance, he can make no reasonable use of his property.
Applicant response: Yes,
but the request for the variance will be only a temporary use until the provision
for medical care for my grandfather is no longer required. Currently, the UDO states that you cannot put
two dwellings on one lot. I am in
the process of rehabbing the existing house myself and all the bedrooms are
located on the second floor. The complete
rehab will take me approximately 5 years. My
grandfather cannot climb up and down stairs due to his current medical condition. My
grandmother is currently on the list for a liver transplant which restricts
her movement and any lifting. Current
zoning does not permit me to subdivide land as it requires two acres. Based
on this, I feel I cannot make reasonable use of the land to enable me to
provide adequate health care for my grandparents.
Staff Response: If applicant complies with the provisions of the Ordinance, he can make reasonable use of property. In the past the county has approved singlewides as temporary lodging for the provision of providing health care, but has never approved a doublewide as it is considered more of a permanent structure than a singlewide.
Chairman Lambertson
made a motion that if applicant complies with the provisions of the Ordinance,
he can make reasonable use of property. Royle
seconded the motion. The motion
passed 5-0.
2.
The hardship of which the applicant
complains is one suffered by the applicant rather than by neighbors or the
general public.
Applicant response: Yes, the hardship is suffered by my family,
as my grandparents require medical attention and should reside within close
proximity to my wife and I. They also
desire their privacy and would prefer not to live with us, but next to us
in their own dwelling.
Staff response: The hardship is suffered by the applicant and
not by the neighbors or general public.
Chairman Lambertson made a motion that the hardship is suffered by the
applicant and not by the neighbors or general public. McPherson seconded the motion. The motion passed 5-0.
3.
The hardship relates to the applicant’s
land, rather than personal circumstances.
Applicant response: The hardship relates to personal
circumstances and the land as my property of almost 3 acres is not large
enough to subdivide (zoning requires two acres).
Staff response: The hardship relates to the land and personal
circumstances as member desires to provide the necessary health care but
current zoning laws prohibit having two dwellings on one lot and doublewides
are not permissible in a R3-2 zoning district.
Chairman Lambertson
made a motion that the hardship relates to personal circumstances as
member desires to provide the necessary health care but current zoning
laws prohibit having two dwellings on one lot and doublewides are not
permissible in a R3-2 zoning district. McPherson
seconded the motion. The motion
passed 5-0.
4.
The hardship is unique, or nearly
so, rather than one shared by many surrounding properties.
Applicant response: Yes, hardship is unique as to provide the medical assistance that my grandfather needs and honoring my grandparent’s wishes to live separately, I feel that this is the only way to assist my grandparents.
Staff response: The hardship is unique.
Chairman Lambertson
made a motion that the hardship is unique. Kight
seconded the motion. The motion
passed 5-0.
5. The hardship is not the result of the applicant’s own actions.
Applicant response: The
hardship is not the result of my actions.
Staff response: The hardship is not the result of the applicant’s
actions.
McPherson made a motion that the hardship
is not the result of the applicant’s own actions.
6.
The Variance will neither result in
the extension of a nonconforming situation in violation of Article 14 nor
authorize the initiation of a nonconforming use of land.
Staff response: If variance is approved, this will create a temporary nonconforming situation.
Chairman Lambertson
made a motion that if variance is approved, this will create a nonconforming
situation. McPherson seconded the
motion. The motion passed 5-0.
Chairman Lambertson called for a motion. McPherson made a motion to approve the variance with the condition of installing a singlewide for temporary use. Kight seconded the motion. The motion passed 5-0.
Chairman Lambertson called for a five minute recess.
Chairman Lambertson called the meeting back to order.
Item #1 Variance
Application (UDO 2003-11-17) from Jamie Nash on UDO Article 12 Section
1210 (1.112) to install a temporary mobile home located on Ivy Neck Road,
Courthouse Township
Chairman Lambertson called for a motion to open the public
hearing. McPherson made a motion to
open the public hearing.
Jamie Nash, applicant and Chris Waugaman were sworn in. Ms. Nash stated she and her fiancé were to
be married on
Chairman Lambertson stated that
McPherson questioned the size of the property. Ms. Nash stated that the property was an acre and a half but could receive more property if it were required.
Harry Nash of
Linda Nash of
Chris Waugaman stated the doublewide is not a large but a small one as it will only be temporary until they can build a home.
Ms. Nash stated there were three reasons they would rather have a doublewide than a singlewide: the financial cost and interest rates, a doublewide is much wider than with a utility room and if they were able to keep the doublewide in excellent condition the resale value would be much greater.
Hearing no more comments from the applicant or public, Chairman
Lambertson called for a motion to close the public hearing. McPherson made a motion to close the public
hearing.
Chairman Lambertson called upon staff. Dave Parks stated that staff recommends approving a singlewide for a temporary use rather than a doublewide due to the permanent foundation.
Chairman Lambertson then continued with the variance questions:
1.
If the applicant complies strictly
with provisions of the Ordinance, he can make no reasonable use of his property.
Applicant response: My
fiancé and I cannot make reasonable use of this property at this time if
we abide by the provisions of the UDO. Financially,
we are unable to build a home or buy a modular home, which is all the land
is zoned for. Also, we have exhausted
all other possibilities as far as renting other dwellings, modular homes,
and site built homes, and none of these are financially feasible for us at
this time. Therefore, we cannot use
this land for any other use.
Staff response: If applicant complies with the provisions of the Ordinance, she can make reasonable use of property by installing a Modular or Site Built home.
McPherson made a motion
that if applicant complies with the provisions of the Ordinance, she can
make reasonable use of property by installing a modular or site built home. Lambertson seconded the motion. The motion passed 5-0.
2.
The hardship of which the applicant
complains is one suffered by the applicant rather than by neighbors or the
general public.
Applicant response: This specific hardship is suffered solely by
the applicant and not by neighbors or general public. We plan on building a site built home in 2-3
years when I graduate from my masters program at college. However, until then we do need somewhere to
reside. The land was given to me by
my mother.
Staff response: The hardship that the applicant suffers is
one suffered by a lot of young couples these days getting started. Their finances dictate what they can do.
Chairman Lambertson made a motion that the hardship that the applicant
suffers is one suffered by a lot of young couples these days getting started. Their
finances dictate what they can do. McPherson
seconded the motion. The motion
passed 5-0.
3.
The hardship relates to the applicant’s
land, rather than personal circumstances.
Applicant response: The particular hardship relates
to personal circumstances. It does
not relate to the property in question. The
personal circumstances include financial inability that does not permit
us to build on this land or buy a modular home at this time.
Staff response: The hardship relates to personal circumstances
as the applicant is going to school full time, working part time and will
be relying on fiancés income until she graduates and gets a full time job.
Royle made
a motion that the hardship relates to personal circumstances as the applicant
is going to school full time, working part time and will be relying on
fiancés income until she graduates and gets a full time job.
4.
The hardship is unique, or nearly
so, rather than one shared by many surrounding properties.
Applicant response: The hardship is unique. I am currently working hard in graduate school and only able to work part-time. I will be beginning my internship next year and will not be paid for the work I am doing, so we cannot assume a costly mortgage to pay at this time. We would like to live on our own after we get married, but financially that is impossible if we cannot move this doublewide (temporarily) onto the land that was given to us as an early wedding present.
Staff response: The hardship is not unique, as most young people starting their lives can’t initially afford the cost of sight built homes until they are established financially.
McPherson made a motion
that the hardship is not unique. Royle
seconded the motion. The motion
passed 5-0.
5. The hardship is not the result of the applicant’s own actions.
Applicant response: This
hardship is not the result of our actions. I
am only trying to further my education and better myself so that in the next
2 to 3 years, my fiancé and I could afford a new site built home. After we are married, our goal is to live independently
and plan for a better future. We hope
you will help make this a reality for us.
Staff response: The hardship is not the result of the applicant’s
own actions.
McPherson made a motion that the hardship
is not the result of the applicant’s own actions.
6.
The Variance will neither result in
the extension of a nonconforming situation in violation of Article 14 nor
authorize the initiation of a nonconforming use of land.
Applicant response: We are only requesting a temporary nonconforming use of the land until we are financially stable to afford to build a house (a conforming use).
Staff response: If variance is approved, this will create a temporary nonconforming use of land.
Chairman Lambertson
made a motion that if variance is approved, this will create a nonconforming
use of land. Royle seconded the
motion. The motion passed 5-0.
Chairman Lambertson called for a
motion. Kight made a motion to approve
the variance and allow for a temporary use of a doublewide.
Items for Board
members and staff
The Board or Staff had no extra items.
Information
Board of Commissioners
Minutes –
Planning Board
Minutes –
The next Board of Adjustment meeting will be held on
Kight made motion that the meeting of the Camden County
Board of Adjustment be adjourned.
Approved: ______________ ________________________________
Date Chairman
ATTEST:
________________________
Melissa G. Joines
Clerk to the Board