Section Il, ItemA.  Town of North Topsail Beach Zoning Board of Adjustment Special Meeting Draft Minutes Wednesday, January 24, 2024, at 6:00 PM 2008 Loggerhead Court, North Topsail Beach, NC 28460 (910)328-1349 www.northtopsalbeachnc.govy  Present: Hanna McCloud - Chair, Scott Morse, Kip Malcolm, Susan Meyer - Alternate. Absent: Paul Dorazio - Vice Chair, Stu Harness, Lisa Lee Kozlowski - Alternate. Staff Present: Deb Hill MPA. AICP CFM CZO - Planning Director, Town Attorney Brian Edes (via Teams), Ricky Schwisow, Kate Winzler CMC, NCCMC Clerk to the Board of Adjustment.  CALL TO ORDER  Chair McCloud called the meeting to order at 6:02 p.m.  II. OATH OF OFFICE  Clerk' Winzler administered the Oath of Office tol Kip Malcolm for appointment as a regular member  to the Zoning Board of Adjustment. III. ADOPTION OF AGENDA  Mr. Morse made a motion that we adopt the agenda. Ms. Meyer seconded the motion. The  motion passed unanimously, 4-0. IV. APPROVAL OF MINUTES  A. March 22, 2023 Special Meeting Minutes  Ms. Meyer moved to approve the minutes of the March 22 special meeting. Mr. Morse  seconded the motion. The motion passed unanimously, 4-0.  B. June 28, 2023 Special Meeting Minutes  Mr. Malcolm made a motion to approve the June 28, 2023 special meeting minutes. Ms.  Meyer seconded the motion. The motion passed unanimously, 4-0.  V. PUBLIC COMMENT None. VI. OLD BUSINESS None. VII. NEW BUSINESS  A. Case #V-24-01 Variance Request by Keith Parker on behalf of Col. Michael Metcalf    Chair McCloud introduced the case and asked that the persons who wish to testify approl Section I, ItemA. Attorney Edes explained that in order to grant the variance, a unanimous vote of all four Board members present would be required. He asked if the applicant understood and consented. Planning Director Hill requested a brief recess to explain the circumstance and consequences to Attorney Edes introduced himself to Col. Metcalf and explained that for a variance to be approved, itrequired a four-fifths vote from ai five-member board. Normally, the Town would try to have five board members seated. There were only four members seated for this hearing, sO essentially, it would require a unanimous vote of all four members present. He explained that Col. Metcalf had a right to a five-member board. Attorney Edes stated that there would be a brief recess, and he  podium to be sworn in.  the applicant.  would be happy to answer any questions from Col. Metcalf. Col. Metcalf thanked Attorney Edes for explaining. The Zoning Board of Adjustment took a recess at 6:08 p.m. The Zoning Board of Adjustment returned at 6:12 p.m.  Clerk Winzler swore in property owner Col. Michael Metcalf, applicant Keith Parker, and Planning Attorney Edes reviewed the quasi-judicial process. He polled the Board regarding their roles as impartial decision makers. He asked the Board if anyone had any basis that would prevent them from being fair and impartial and to base their votes solely on the competent evidence produced during the hearing. All Zoning Board of Adjustment members responded to the questions in the Attorney Edes again explained that to approve the variance, a unanimous vote of all four Board Chair McCloud asked for confirmation from the applicant that they agreed to the unanimous vote Chair McCloud reviewed the order of business for the hearing and opened the public hearing on Attorney Edes asked if Ms. Hill would like to enter the staff report including Exhibits 1-9 into  Director Hill.  negative.  members present would be required. Col. Metcalf said that he agreed.  condition.  Case #V-24-01 at 6:19 p.m and asked for testimony from the staff.  Planning Director Hill reviewed the staff report.  evidence as Exhibit A. Ms. Hill agreed.  There was discussion between Attorney Edes and Ms. Hill. Attorney Edes asked if Col. Metcalf had any objections. Col. Metcalf replied, "No, sir. No objections." evidence as Exhibit A without objection. Chair McCloud acknowledged.  Attorney Edes recommended that the Board accept the entire packet as described by Ms. Hill into  The Board did not have any questions for the Planning Director. the Board for their service and being present to hear his case.  Col. Metcalf thanked the Zoning Board of Adjustment for their time, introduced himself, and stated that everything he wanted to share was part of the report Planning Director Hill made. He thanked Mr. Malcolm asked Col. Metcalf if he had any disputes over what was presented and if he agreed  or concurred that the facts were accurate.    Col. Metcalf agreed.  Section I, ltemA.  No one spoke opposing the request. The Planning Director had no further comment. The Board had no further questions for staff. The Board had no discussion. Chair McCloud called for a motion on the conclusion.  Mr. Morse made a motion that the Board finds as facts that the descriptions and statements off fact set forth in the staff report presented as evidence to the Board, as well as technical evaluations, all relevant factors, all standards specified in the Unified Development Ordinance Sec. 2.03.04 and having heard all of the evidence and arguments presented at the hearing by all sworn witnesses, included as a summary of findings of fact, that the application for a variance be granted. Ms. Meyer seconded the motion. The motion passed  unanimously, 4-0.  Chair McCloud closed the public hearing at 6:33 p.m. Attorney Edes stated that he presumed staff would draft a proposal. Attorney Edes thanked Chair McCloud and the Board.  Planning Director Hill agreed.  VIII. ADJOURNMENT unanimously, 4-0. APPROVED  Ms. Meyer moved that we adjourn. Mr. Malcolm seconded the motion. The motion passed  The Zoning Board of Adjustment meeting adjourned at 6:33 p.m.  CERTIFIED  This 29th day of February 2024 Menfnlok  This 29th day of February 2024 Clerk to the A  Chair  Board Zoning  of Adjustment