MEMORANDUM. 407 West Patterson Place: Appeal of Town Manager Decision (File No ) INTRODUCTION

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1 AGENDA ITEM 4 MEMORANDUM TO: FROM: SUBJECT: Chapel Hill Board of Adjustment JB Culpepper, Planning Director Gene Poveromo, Development Manager Phil Mason, Principal Planner 407 West Patterson Place: Appeal of Town Manager Decision (File No ) DATE: December 1, 2010 INTRODUCTION The Town has received an application from Leslie and Daniel Lawler of the Lawler Development Group, LLC, appealing a decision by the Town Manager to cite the property owner for a zoning violation. The Manager determined that the property owners were not complying with the maximum number of unrelated persons allowed to live in a single-family dwelling unit, as defined in the Land Use Management Ordinance. Attached are two resolutions for the Board s consideration: Resolution A (Attachment 1) would affirm the Town Manager s decision and Resolution B (Attachment 2) would reverse the Town Manager s decision. The subject lot is located at 407 West Patterson Place, on the south side of West Patterson Place, east of the intersection of Ransom Street. The property is identified as Orange County Property Identifier Number The property is located in the Residential-3 zoning district and the Cameron-McCauley Historic District (Attachment 7). BACKGROUND For background information on this appeal application, please refer to the Appellants application (Attachment 5) and additional background below: February 11, 2010 May 7, 2010 July 9, 2010 According to recorded deed, 407 West Patterson Place was acquired by the appellants. Complaint received by Chelsea Laws, Senior Building Inspector, indicating that seven persons were living at 407 West Patterson Place. 407 West Patterson Place is inspected for possible zoning violation by Chelsea Laws.

2 2 August 13, 2010 September 2, 2010 Leslie Lawler of Lawler Development Group, LLC provided a copy of the lease to Chelsea Laws identifying seven persons living at 407 West Patterson Place (Part of Attachment 4). Town sends a letter to property owners, tenants and parties of interest citing them for violation of definition of single-family dwelling unit and the maximum occupancy allowed, four unrelated persons (Attachments 3 and 4). September 10, 2010 Town sends a letter to property owners providing additional information regarding their right to Appeal (Part of Attachment 3). October 19, 2010 Property owners submitted an application to appeal the zoning violation citation from the Town of Chapel Hill (Attachment 5). PROCEDURE State Statutes set forth the responsibilities of the Board of Adjustment. One of the responsibilities of the Board set forth in State Statutes is as follows: The Board of Adjustment shall hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with the enforcement of any ordinance adopted An appeal may be taken by any person aggrieved This particular responsibility to hear and decide appeals can involve 1) interpreting the meaning of provisions of the Ordinance that are unclear; 2) applying the meaning of the Ordinance to specific factual situations; and if necessary 3) correcting abuses of discretion or mistakes that may have occurred in administering the Ordinance. Article 4.10 of the Chapel Hill Land Use Management Ordinance states that any decision of the Town Manager made in the administration of the provisions of this chapter may be appealed to the Board of Adjustment by any person aggrieved by such decision. In addition, the Town Manager is charged with transmitting to the Board all documents constituting the record on which the decision being appealed was based. Included in your meeting packet materials are the letters from the Town dated September 2, 2010 and September 10, 2010 advising the Lawler Development Group, LLC, of the zoning violation at their property on 407 West Patterson Place (Attachment 3), and the appellants application materials (Attachment 5). Article 4.12 of the Land Use Management Ordinance states that the hearing for the appeal shall be open to the public and all interested persons shall be given the opportunity to present evidence and arguments and to ask question of the persons who testify. For the hearing, all witnesses will be sworn in. The case will be introduced by the Secretary to the Board of Adjustment. The applicants will present their information challenging the decision. A representative of the Town Manager will then present arguments supporting the Town

3 3 Manager s decision and the information on which it was based (Attachment 6). Witnesses will have an opportunity to present evidence and arguments. Rebuttals will be heard. The Chairman of the Board of Adjustment will summarize the evidence and the hearing will adjourn. The Board members will then discuss the case and take action. In order to grant the appeal and reverse or modify the Town Manager s decision, the vote of the Board of Adjustment must be at least four-fifths of the Board s membership (8 of 10) in favor of reversing or modifying the Town Manager s decision. If that does not occur, the Town Manager s decision stands affirmed. VISITING THE SITE We ask that any Board member interested in visiting the site do so separately from other Board members. Or, if you would like to view the site as a group, please arrange the visit through the Planning Department so that proper procedure can be followed in accordance with the State s open meetings law. Any member who visits the site prior to the hearing is urged to share information with the other Board members during the hearing. The property is located at 407 West Patterson Place, on the south side of West Patterson Place, east of the intersection of Ransom Street in the Cameron-McCauley Historic District. For additional information please refer to the area map of the subject property (Attachment 7). SUMMARY OF APPLICATION The application is appealing a decision by the Town Manager to cite the property owner of the subject property for a zoning violation. The Manager determined that the property owners were not complying with the maximum number (4) of unrelated persons allowed to live in a singlefamily dwelling unit, as defined in the Definitions Section of the Land Use Management Ordinance. DISCUSSION The subject property is an approximately 0.24-acre (10,651 square feet) lot located at 407 West Patterson Place, on the south side of West Patterson Place, east of the intersection of Ransom Street. The property is also located in the Residential-3 zoning district and the Cameron- McCauley Historic District. Records indicate that the lot has existed at least since The current use of the property at 407 West Patterson Place is a single-family residence for rental purposes. The property was purchased by the current owner on February 11, The property owner of 407 West Patterson Place was cited on September 2, 2010 for not complying with the four unrelated person maximum occupancy limit allowed in a single-family dwelling unit as defined by the Chapel Hill Land Use Management Ordinance. This was in response to a complaint received by Chelsea Laws, Senior Building Inspector on May 7, A site inspection by Chelsea Laws on July 9, 2010 and subsequent information provided by Leslie

4 4 Lawler of Lawler Development Group, LLC led to a determination that more than four persons were living at 407 West Patterson Place (Attachments 3 and 4). A letter, dated September 2, 2010 was sent to the property owners citing them for violating the four unrelated persons maximum occupancy limit allowed in a single-family dwelling unit as defined by the Chapel Hill Land Use Management Ordinance. The definition of Dwelling Units, Single-Family from the Definitions Section of the Chapel Hill Land Use Management Ordinance is as follows: Dwelling units, single-family: A detached dwelling consisting of a single dwelling unit only. A single-family dwelling shall be classified as a rooming house if occupied by more than four (4) persons who are not related by blood, adoption, marriage, or domestic partnership. See the attached information supporting the Town Manager s decision (Attachment 6). The applicant filed an appeal October 19, 2010 of the Town Manager s decision to cite them for not complying with the four unrelated person maximum occupancy limit allowed in a singlefamily dwelling unit, at 407 West Patterson Place. CONCLUSION The Town Manager determined that Leslie and Daniel Lawler of the Lawler Development Group, LLC, did not comply with the four unrelated persons maximum occupancy limit allowed in a single-family dwelling unit, as defined by the Definitions Section of the Chapel Hill Land Use Management Ordinance, at the rental property owned by them at 407 West Patterson Place. The Lawler Development Group, LLC, owner of 407 West Patterson Place, is appealing the Town Manager s decision. We recommend that the Board of Adjustment hear the case. ATTACHMENTS The following materials are included as attachments and serve as the written record of the case being appealed: 1. Resolution A (affirming Town Manager s decision can be adopted with a simple majority vote). 2. Resolution B (reversing Town Manager s interpretation can only be adopted with a 4/5 vote). 3. Notices of Zoning Violation to Lawler Development Group, LLC from Chelsea Laws, dated September 2, 2010 and September 10, Additional information related to the appeal: Copy of lease provided by Lawler Development Group, LLC, letter to mortgage company, sample letter sent to seven tenants, and interior photographs of 407 West Patterson Place. 5. Appeal application, statement of justification, deed, and area map from Lawler Development Group, LLC dated October 18, Arguments supporting the Town Manager s decision 7. Area Map of 407 West Patterson Place site.

5 5 ATTACHMENT 1 RESOLUTION A AFFIRMING THE TOWN MANAGER S DECISION RESOLUTION AFFIRMING THE TOWN MANAGER S DECISION TO CITE THE PROPERTY OWNERS OF THE LAWLER DEVELOPMENT GROUP, LLC FOR NON- COMPLIANCE WITH THE FOUR UNRELATED PERSON MAXIMUM OCCUPANCY LIMITATION ALLOWED IN A SINGLE-FAMILY DWELLING UNIT (PIN ) WHEREAS, having reviewed the applicant s argument and various documents and other evidence submitted at the hearing on this matter, and having heard public comment on the application, the Board of Adjustment finds as facts those facts summarized by the Chair at the conclusion of the Board s hearing of this matter and hereby incorporates them by reference as Board Findings of Fact; and finds that such facts are supported by competent, material and substantial evidence presented to the Board; and WHEREAS, in particular the Board finds that the property owner of 407 West Patterson Place, Lawler Development Group, LLC, is not complying with the four unrelated person maximum occupancy limit allowed in a single-family dwelling unit as defined in the Chapel Hill Land Use Management Ordinance; and WHEREAS, the Board of Adjustment concludes that Town s Manager s decision to cite the property owner, the Lawler Development Group, LLC, for not complying with the four unrelated person maximum occupancy limit allowed in a single-family dwelling unit, and the definition of Dwelling Unit: Single-Family in the Land Use Management Ordinance, is therefore supported by the facts and information received into evidence; and NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF ADJUSTMENT HEREBY AFFIRMS the Town Manager s decision to cite the property owner, the Lawler Development Group, LLC, for not complying with the four unrelated person maximum occupancy limit allowed in a single-family dwelling unit, and the definition of Dwelling Unit: Single-Family in the Land Use Management Ordinance. BE IT FURTHER RESOLVED that the applicant s appeal is hereby denied. This is the 1st day of December 2010.

6 6 ATTACHMENT 2 RESOLUTION B OVERRULING THE TOWN MANAGER S DECISION RESOLUTION OVERRULING THE TOWN MANAGER S DECISION TO CITE THE PROPERTY OWNERS OF THE LAWLER DEVELOPMENT GROUP, LLC FOR NON- COMPLIANCE WITH THE FOUR UNRELATED PERSON MAXIMUM OCCUPANCY LIMITATION ALLOWED IN A SINGLE-FAMILY DWELLING UNIT (PIN ) WHEREAS, having reviewed the applicant s argument and various documents and other evidence submitted at the hearing on this matter, and having heard public comment on the application, the Board of Adjustment finds as facts those facts summarized by the Chair at the conclusion of the Board s hearing of this matter and hereby incorporates them by reference as Board Findings of Fact; and finds that such facts are supported by competent, material and substantial evidence presented to the Board; and WHEREAS, in particular the Board finds that the property owner of 407 West Patterson Place, Lawler Development Group, LLC, is complying with the four unrelated person maximum occupancy limit allowed in a single-family dwelling unit as defined in the Chapel Hill Land Use Management Ordinance; and WHEREAS, the Board of Adjustment concludes that Town s Manager s decision to cite the property owner, the Lawler Development Group, LLC, for not complying with the four unrelated person maximum occupancy limit allowed in a single-family dwelling unit, and the definition of Dwelling Unit: Single-Family in the Land Use Management Ordinance, is therefore not supported by the facts and information received into evidence; and NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF ADJUSTMENT HEREBY OVERRULES the Town Manager s decision to cite the property owner, the Lawler Development Group, LLC, for not complying with the four unrelated person maximum occupancy limit allowed in a single-family dwelling unit, and the definition of Dwelling Unit: Single-Family in the Land Use Management Ordinance. BE IT FURTHER RESOLVED that the applicant s appeal is hereby affirmed. This is the 1st day of August 2007.

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