Board of Adjustment

The Statesville Board of Adjustment is a quasi-judicial board appointed by the Statesville City Council. A quasi-judicial hearing is similar to a court hearing in that witnesses are sworn in and decisions are based on evidence and factual testimony rather than opinions. The Board’s responsibilities include granting variances and hearing appeals from decisions or interpretations made by zoning administrator. The Board meets monthly to hear requests.

VARIANCE

A variance allows a property owner to use property in a way that would not otherwise be allowable under the terms of the zoning ordinance.  A variance is not a right, and may be granted only upon a finding that:

Granting the variance will not substantially conflict with any City adopted plans or policies, or the purposes or intent of this code; and

There are exceptional conditions creating an undue hardship upon the property involved, which do not generally apply to other land or uses within the zoning district; and

The applicant cannot derive a reasonable use of the property without approval of a variance; and

Granting the variance will not set a precedent for future applications; and

Granting the variance will not be detrimental to adjacent properties or the area; and

Granting the variance will not be detrimental to public health, safety or welfare; and

The basis for the appeal was not created by the current owner or any previous owners of the property. 

When a variance is granted, it remains with the property forever, even if the property changes hands.

APPEAL

An appeal occurs where there is an alleged error in any order, requirement, decision, interpretation, or determination made by the zoning administrator in the enforcement of the ordinance. Appeals must be made within 30 days of the zoning administrator’s decision.

APPEAL OF BOARD OF ADJUSTMENT DECISION

Board of Adjustment decisions may be appealed to the superior court. Such appeals must be made within 30 days of the filing of the decision.

HOW TO APPLY

To apply for a variance or appeal, you must fill out an application. Applications can be found here or in the Planning Office. It would be a good idea to speak with a Planner about your request prior to filling out an application because there are different applications and requirements for each request. There is a non-refundable $300 application fee. The deadline for submitting a request to be heard before the Board of Adjustment is 20 days before the regularly scheduled meeting (first Tuesday of each month).

BOA Application

Flowchart of Board of Adjustment Hearing

FY 2014 Board of Adjustment Meeting Schedule

Meeting Date   Meeting Type Agendas 
January 7,2014    Regular Cancelled 
January 15, 2014 Called Agenda 
February 4, 2014  Regular  Cancelled
March 4, 2014 Regular Cancelled 
March 6, 2014 Called  Agenda 
 March 25, 2014  Called Agenda
 April 1, 2014  Regular Cancelled
 April 28, 2014  Called Agenda
May 6, 2014 Regular Agenda
June 3, 2014 Regular  Agenda
 July  3, 2014 Regular Cancelled
 July 7, 2014 Called Agenda
August  5, 2014  Regular  Cancelled 
September 2, 2014  Regular  Cancelled 
Board of Adjustment Members

Members:
David Steele
Chair
term expires 6/30/16

John Gilbert, III
term expires 6/30/15

Larry Rosenfeld
term expires 6/30/16

O. David Tharpe, Jr.
term expires 6/30/15

David Aman (ETJ Rep)
Vice Chair
term expires 6/30/16

Sandra Campbell
term expires 6/30/15

Alternates:
City
R. Kevin Combs
term expires 6/30/15

Nicholas Yount
term expires 6/30/15

County
Vacant
term expires

Staff:
Vacant
Staff Liaison/Secretary
email Phil