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Board of Adjustment

Town of Wake Forest · Board of Adjustment
Thursday, April 20, 2023 at 6:00 pm

Regular meeting Zoning text amendment

Agenda document Full packet Watch

What's on this agenda

One appeal is before Wake Forest's Board of Adjustment on 20 April 2023, and staff ask the board not to hear it. The town issued two notices of violation in November 2022 against a 3.96-acre property on Old Crawford Road, in its extraterritorial jurisdiction. One was for a prohibited use. The other was for three structures built without permits: a two-story playhouse with a deck, an open-faced bar with electrical service and an interior room, and a pool equipment shed.

The appeal raises three grounds — that the town has no jurisdiction outside its corporate limits, that no permits were needed or too little time was given to get them, and that the penalty is excessive. Staff answer each and then argue the board should not reach any of them. An appeal must be filed within 30 days of the notice; this one was filed on 24 February, and as of 14 April the town had still not received an authorization form signed by both owners.

Summarized from the published agenda. Read the agenda itself before acting on it.

Speaking at this meeting

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Agenda items (7)

Procedural · 5Minutes approval · 1Public hearing · 1
  1. 1 Call to Order
    Procedural
    The board opens the meeting.
  2. 2 Adoption of Agenda
    Procedural
    The board adopts the agenda.
  3. 3.A BOA Meeting Minutes
    Minutes approval
    The board takes up the minutes of its 16 February 2023 meeting.
  4. 5.A Consideration of an Appeal of an Administrative Decision related to the issuance of a Notice of Violation (V-22-262) issued on November 1, 2022 for the establishment of a prohibited commercial use in the Rural Holding District located at 2004 Old Crawford
    Public hearing Zoning text amendment
    BOA-23-01. An attorney for the property owners appeals one of the two notices, arguing the town lacks jurisdiction, that permits were not required or the deadline was too short, and that the penalty is excessive. Staff recommend the board find the application invalid and decline to hear it, on the 30-day filing deadline and the missing agent authorization. On jurisdiction, staff say the ordinance reaches the extraterritorial jurisdiction except for land in bona fide farm use, and Wake County does not class this parcel as farm land. The board heard a second appeal in July that turned on the same farm exemption question.
  5. 6 Staff Comments
    Procedural
    Staff comments.
  6. 7 Board of Adjustment Comments
    Procedural
    Board members' comments.
  7. 8 Adjournment
    Procedural
    The board adjourns.

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