Ken Larsen's web site - March 7, 2019 Board of Adjustment review of 817 Tinkerbell variance request

 

On March 7, 2019 the Chapel Hill Board of Adjustment considered a citizen's request for a variance for RCD, Jordan Lake, and setbacks rules governing property at 817 Tinkerbell Road in Chapel Hill.  I live two blocks away and spoke at the meeting.

 

[Video of the BOA meeting]

 

Key parts of the meeting: [Click on time to jump to that portion of the meeting.]

 

Offset into the video Speaker
2:58 BOA Chairman kicks off the hearing portion of the meeting
5:58 Secretary explains the variance requests (3 of them) for 817 Tinkerbell
17:28 Applicant (Conrad Mock)
37:15 Testimony portion of hearing
39:18 1. Ken Larsen, 807 Emory  [version of speech with slide imbedded]
46:39 2. Kristie Thompson, 744 Tinkerbell
48:28 3. Leigh Cooper, 816 Tinkerbell
1:02:46 4. Nickolai Tvermoes, 801 Emory
1:03:39 5. Maxwell Mason, 821 Tinkerbell
1:15:58 6. Francis Schaefer, 805 Tinkerbell
1:22:04 7. Julie McClintock, former Chair of the Stormwater Advisory Board, former 17 year employee of the EPA, was Chair of OWASA for a couple of years, Chair of Friends of Bolin Creek, was on the Chapel Hill Town Council for 12 years
1:33:34 8. Pamela Schultz PhD, Chair of Stormwater Advisory Board
1:41:05 9. Lorna Chafe, 820 Tinkerbell
1:46:33 10. William Camp
1:48:35 Applicant rebuts testimony and summarizes.
1:54:59 Applicant is questioned by the Board.
2:13:07 5 minute recess begins
2:19:03 Evidentiary portion of the hearing is closed; Discussion by Board members begins
2:33:03 Vote taken.  Final vote is 8-1 denying the variance requests.
2:36:28 End of 817 Tinkerbell portion of the meeting

 

Ken's thoughts:

  1. The LUMO needs to be updated to clearly define what is meant by "hardship".  The applicant claimed that "the variance goes with the property.  It does not go with the person.  Hardship is with the property ... not with the person". 

  2. The applicant went on to say that the Town should be more concerned with building of apartment complexes than his 1211 square foot footprint of a house on a half acre lot.  I agree with that comment.  In 2014 the Town approved the building of a massive structure that was entirely in the flood plain near my gym (O2 Fitness).  I spoke against it on April 23, 2014.  [video of my speech]  That structure is currently being built.

Map showing the property and the restricted areas - Jordan Lake Buffer, Resource Conservation District (RCD), and setbacks.  The only area to build on is shown in white. 
That area is too small for the applicant, so that is why he is asking for variances.

This neighborhood was subdivided into lots in the 1960s.  Flood maps didn't begin until the 1970s.  RCDs were first introduced in Chapel Hill in 1985.  [details
   
OWASA sewer easement on the property.  The applicant wants to build a house on this property and thinks that he can sell it for as much as the low $ 400Ks.
   
Creek and clogged culverts on the property
   
Creek on the property.  Note all the trees.  Trees act as straws to suck up water.  Cutting down those trees to build a house will exacerbate flooding for neighbors.

  

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