Official Website of the City of Statesville, North Carolina

Public Notice - Appeal A13-01

 

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:

  1. Granting the variance will not substantially conflict with any City adopted plans or policies, or the purposes or intent of this code; and
  2. 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
  3. The applicant cannot derive a reasonable use of the property without approval of a variance; and
  4. Granting the variance will not set a precedent for future applications; and
  5. Granting the variance will not be detrimental to adjacent properties or the area; and
  6. Granting the variance will not be detrimental to public health, safety or welfare; and
  7. 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 2013 - 2014 Board of Adjustment Meeting Schedule

Application Deadline BOA Meeting Date Agenda Minutes
May 14, 2014 June 3, 2014    
April 16, 2014 May 6, 2014    
March 12. 2014 April 1, 2014    
February 12, 2014 March 4, 2014    
January 15, 2014 February 4, 2014    
December 18, 2013 January 7, 2014    
November 13, 2013 December 3, 2013    
October 16, 2013 November 5, 2013    
September 11, 2013 October 1, 2013    
August 17, 2014 September 3, 2013    
July 17, 2013 August 6, 2013    
June 12, 2013 July 2, 2013    

 

FY 2012 - 2013 Board of Adjustment Meeting Schedule

Application Deadline
BOA Meeting Date Agenda Minutes
May 15, 2013
June 4, 2013 Meeting Cancelled
April 17, 2013 May 7, 2013 Agenda Minutes
March 13, 2013 April 11, 2013 Agenda Minutes
Special Meeting
March 27, 2013 Agenda Minutes
Special Meeting March 26, 2013 Agenda Minutes
February 13, 2013 March 5, 2013 Agenda Minutes
Special Meeting February 28, 2013 Agenda Minutes
January 16, 2013 February 5, 2013 Meeting Cancelled
Decmeber 12, 2012 January 1, 2013 Meeting Cancelled
November 14, 2012 December 4, 2012 Meeting Cancelled
October 17, 2012 November 6, 2012 Meeting Cancelled
September 12, 2012 October 2, 2012 Meeting Cancelled
August 15, 2012 September 12, 2012 Meeting Cancelled
July 18, 2012 August 7, 2012
Meeting Cancelled
June 27, 2012 July 17, 2012 Agenda Minutes

 

FY 2011 - 2012 Board of Adjustment Meeting Schedule

Application Deadline BOA Meeting Date Agenda Minutes
May 22, 2012 June 5, 2012 Meeting Cancelled 
April 17, 2012  May 1, 2012 Agenda Minutes 
 March 20, 2012 April 3, 2012 Meeting Cancelled 
----- March 19, 2012 Agenda Minutes
 February 21, 2012 March 6, 2012 Meeting Cancelled 
 January 24, 2012 February 7, 2012 Meeting Cancelled 
 December 20, 2011 January 3, 2012 Meeting Cancelled 
 November 22, 2011 December  6, 2011 Meeting Cancelled
 October 12, 2011 November 1, 2011 Agenda  Minutes 
 September 14, 2011 October 4, 2011 Meeting  Cancelled 
 August 17, 2011 September 6, 2011 Meeting  Cancelled 
 July 13, 2011 August 2, 2011  Agenda  Minutes
 June 15, 2011 July 5, 2011  Meeting Cancelled 

 

 

 FY 2010 - 2011 Board of Adjustment Meeting Schedule
 
Application Deadline BOA Meeting Date Agenda Minutes
May 18, 2011 June 7, 2011 Meeting Cancelled
April 13, 2011 May 3, 2011 Meeting  Cancelled 
March 16, 2011 April 5, 2011 Agenda Minutes 
February 9, 2011 March 8, 2011 Agenda Minutes
January 12, 2011 February 1, 2011 Meeting Cancelled
December 15, 2010 January 4, 2011 Meeting Cancelled
November 17, 2010 December 7, 2010 Meeting Cancelled
October 13, 2010 November 2, 2010 Meeting Cancelled
September 15, 2010 October 5, 2010 Agenda Minutes
August 18, 2010 September 7, 2010 Meeting Cancelled
July 14, 2010 August 3, 2010 Meeting Cancelled
June 16, 2010 July 6, 2010 Meeting Cancelled

 

 

FY 2009 - 2010 Board of Adjustment Meeting Schedule
 
Application Deadline BOA Meeting Date Agenda Minutes
May 12, 2010  June 1, 2010  Agenda Minutes
April 14, 2010  May 4, 2010 Meeting  Cancelled 
Called Meeting  April 27, 2010  Agenda  Minutes
March 17, 2010  April 6, 2010 Meeting Cancelled
February 10, 2010 March 2, 2010 Meeting Cancelled 
January 13, 2010 February 2, 2010 Meeting Cancelled
December 6, 2009 January 5, 2010 Meeting Cancelled
November 11, 2009 December 1, 2009 Meeting Cancelled
October 14, 2009 November 3, 2009 Meeting Cancelled
September 16, 2009 October 6, 2009 Agenda Minutes 
August 12, 2009 September 1, 2009 Meeting Cancelled
July 15, 2009 August 4, 2009 Agenda Minutes
June 17, 2009 July 7, 2009 Agenda Minutes

 

 

 
FY 2008 - 2009 Board of Adjustment Meeting Schedule
 
Application Deadline BOA Meeting Date Agenda Minutes
May 13, 2009 June 2, 2009 Meeting Cancelled 
April 15, 2009 May 5, 2009 Meeting  Cancelled
 Sub-Committee Meeting April 21, 2009 Agenda Minutes
March 18, 2009 April 7, 2009 Meeting Cancelled
February 11, 2009 March 17, 2009 Agenda Minutes 
January 14, 2009 February 3, 2009 Agenda Minutes
December 17, 2008 January 6, 2009 Meeting Cancelled
November 12, 2008 December 2, 2008 Meeting Cancelled
October 15, 2008 November 4, 2008 Meeting Cancelled
September 17, 2008 October 7, 2008 Meeting Cancelled
August 13, 2008 September 2, 2008 Agenda Minutes
July 16, 2008 August 5, 2008  Meeting  Cancelled 
 
 
FY 2007 - 2008 Board of Adjustment Meeting Schedule
 
Application Deadline BOA Meeting Date Agenda Minutes
June 11, 2008 July 1, 2008 Meeting Cancelled
May 14, 2008 June 3, 2008 Meeting Cancelled
April 16, 2008 May 6, 2008 Agenda Minutes
March 12, 2008 April 1, 2008 Meeting Cancelled
February 13, 2008 March 4, 2008 Meeting Cancelled
January 16, 2008 February 5, 2008 Agenda Minutes

 

 

 

 
Board of Adjustment Members

 

Members:
David Steele
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

Margery Tunipseed (Chair)
term expires 6/30/15

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

 

Alternates:
Sandra Campbell
term expires 6/30/15

Eric Carrillo
term expires 6/30/14

County Appointee (vacant)

 
City Council Appointee
 
Staff:
Phil Collins
Staff Liason/Secretary
email Phil

 

 

 

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