May 1, 2025 Board of Adjustment Meeting: Variance Denied and LUMO Update

The Chapel Hill Board of Adjustment met on Thursday, May 1, 2025, at 6:30 PM in Room 110 of the Town Hall. The board considered a dimensional variance request for 7600 Amesbury Drive and received a staff update on proposed amendments to the Land Use Management Ordinance (LUMO) regarding board composition and rules. The variance request was denied after failing to achieve the required four-fifths majority.

Consent Calendar

• Approval of Agenda: The agenda was approved with an amendment to include a staff presentation on proposed LUMO text amendments related to boards and commissions. The motion carried unanimously (8-0).
• Approval of Minutes: The minutes of the March 6, 2025 meeting were approved with 7 ayes and 1 abstention (Emilio Garza abstained).

Discussion Items

Dimensional Variance Request – 7600 Amesbury Drive [25-0200]

• Applicant's Presentation: Michael Riegel, the property owner, requested a variance to construct an eight-foot-tall fence along the northern property line (currently allowed maximum: six feet) and a six-foot-tall fence along the eastern property line (currently allowed maximum: four feet). Riegel cited security, privacy, noise, and light pollution concerns arising from the adjacent Weaver's Grove development, which altered the topography and removed natural buffers. He noted that the property gained an additional 30 feet of land when Ginger Road was decommissioned, but the new property line lacked the retaining wall that shields other neighboring properties.
• Board Deliberation: Board members discussed the four statutory criteria for granting a variance: unnecessary hardship, peculiarity of the property, non-self-created hardship, and consistency with the spirit of the ordinance. Several members expressed concerns that the requested height increase did not constitute an unnecessary hardship, while others argued that the unique topography and loss of usable land due to the setback met the standard. The board closed the evidentiary hearing by a 6-2 vote.
• Vote on Resolution A (Granting Variance): A motion to adopt Resolution A (granting the variance) was seconded. The vote was 5 in favor (Bartow, Faron, Garza, Miller, Warshaw) and 3 opposed (Grasty, McAvoy-Bickford, Wortman). Because a four-fifths majority (8 of 10 sworn members) is required to grant a variance, the motion failed. Consequently, the variance was denied. The applicant was informed that he may build a fence of any height outside the setback (14 feet from the property line), subject to other applicable regulations.

Staff Update on Proposed LUMO Text Amendment to Article 8 (Related to Rules of Boards and Commissions) [25-0282]

• Presentation: Staff liaison Tas Lagoo presented a proposal to reduce the regular membership of the Board of Adjustment and other boards from 10 to 7 members, adjust quorum requirements, and clarify alternate member terms. The proposal does not change voting thresholds (e.g., four-fifths majority for variances) or shorten current members' terms. Lagoo noted that the board has rarely had a full complement of 10 members. The presentation was informational; no action was taken. The proposal will be considered by the Planning Commission on May 6 and by the Town Council on May 21 and June 11, with opportunities for public comment.

Key Outcomes

• The Board of Adjustment approved the agenda (as amended) and the March 6 meeting minutes.
• The dimensional variance request for 7600 Amesbury Drive was denied (5-3, failing to achieve the required four-fifths majority).
• The board received a staff update on proposed LUMO text amendments but took no action.