The Board of Adjustment

Current Cases

Hoke Townhomes Built Upon Averaging Variance Request

Case Summary: Alliance Group of NC is requesting a minor variance per Davidson Planning Ordinance section 17.7.9 requesting to exceed the maximum 50% built upon area allowed in the High Density Option by less than 5% impervious area.  The site is a 5.546 acre site located on Jetton Street and proposes to build 81 townhome units, along with public open and park space.  On January 29, 2021 an application was submitted to the town for the variance request. 

Hearing Date: A virtual hearing is planned for March 8, 2021 at 6:00pm

To watch the hearing use these links: 

https://tinyurl.com/TODHokeBOA03082021

 https://www.youtube.com/channel/UCAq4tGnd0EpZaa16Y3PGSZw

Documents

More Information: To learn more about the Hoke Townhome Development, including a full timeline, please visit the project page.

Current Cases

Potts Development Appeal

The deliberation, decision and determination of written findings of fact in this case will be heard on March 15, 2021 at 3:30pm.  Use the links below to access the meeting.  

Case Summary: Crescent acquisitions, LLC proposes to develop a 15.441+ acre site located at 513 Potts St to accommodate 247 multifamily units, along with public open and park space. After completing review of the most recent Master Plan submittal, town staff denied the application on April 17, 2020, citing outstanding issues. On May 15, 2020, Crescent Acquisitions, LLC provided the town with a notice to appeal this decision to the Board of Adjustment. 

Hearing Date: A virtual hearing is planned for February 8 - 10, 2021.  Continued February 12th at 5:30pm

To watch the hearing use these links:

https://us02web.zoom.us/webinar/register/WN_86kW2s3ORKa1Y3isOEpCDA

  or https://www.youtube.com/channel/UCAq4tGnd0EpZaa16Y3PGSZw


Documents

More Information: To learn more about the Potts development, including a full timeline, please visit the project page

Purpose

The Board of Adjustment hears cases concerning ordinance interpretations, requests, or appeals for variances. Their specific charges include:

  • To hear and decide appeals from any order, decision, determination, or interpretation made by the Planning Director pursuant to or regarding these regulations.
  • To hear and decide petitions for variances from the requirements of these regulations.
  • To make an interpretation of any portion of this ordinance.
  • To serve as the Watershed Review Board and rule on all petitions in accordance with the procedures specified in the watershed ordinance (i.e. issue Density Averaging Certificates - see below).

Application

Applications for appeals & variances are available below. Physical copies are also available at town hall. Please contact the planning department with any questions regarding the application process for appeals & variances. Additionally, please consult the most recent fee schedule, available on the Finance & Budget webpage, to determine the associated application fee. 

Appeal Application: To hear and decide appeals from any order, decision, determination, or interpretation made by the Planning Director concerning the planning ordinance.
 
Variance Application: To hear and decide petitions for variances from the requirements of the planning ordinance. 

Members



All members of the Planning Board also serve as members of the Board of Adjustment. Members serve on a rotating basis, with five members (including at least one ETJ representative) serving for each case. The chair of the Board of Adjustment is appointed by the Board of Commissioners. A list of members can be found by selecting this link

Planning Board Staff Contact:  Trey Akers

Meetings & Rules of Procedure



Meetings are held on an as-needed basis and will be announced in advance in accordance with NC General Statute 160A-388 and the board's Rules of Procedure. Generally, they are held at Town Hall immediately following a regularly-scheduled Planning Board meeting, which are scheduled to occur on the last Monday of each month. 

Built-Upon Area Averaging 



Built-Upon Area Averaging is a program whereby parcels located within a protected watershed may obtain additional impervious coverage rights by averaging the total impervious area of the developing lot with the total impervious area of an undeveloped/less developed lot within the same watershed. Essentially, the "receiving lot" obtains additional impervious square footage allowance when the "giving lot" establishes a non-revocable easement containing undeveloped, vegetated area. The amount of this easement area may be transferred from the giving lot to the receiving lot by Final Plat recordation, subject to applicable criteria and processes. Davidson Planning Ordinance Section 17.8 outlines the process and requirements for obtaining a Density Averaging Certificate, which must be approved by the Board of Adjustment. 

Currently, the Density Averaging Application and the Checklist are available for download. For more information about this program, please review these materials, the ordinance section listed above, and contact the Planning Dept. with any questions you may have.