TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Response to Citizen Petition Regarding 100 Chase Avenue
DATE: May 8, 2006
PURPOSE
The purpose of this report is to present information regarding the enforcement of the Land Use Management Ordinance at 100 Chase Avenue in response to the April 19, 2006 petition to the Council by the owner, Mr. Billy Braxton Sparrow.
BACKGROUND
The Land Use Management Ordinance, Article 3.7.1, includes a list of Permitted Special and Accessory uses of property within zoning districts. The Land Use Management Ordinance, Article 4.9 requires that a Zoning Compliance Permit be obtained prior to changing the use of property.
DISCUSSION
In December of 2000, the Inspections Department began receiving complaints regarding an illegal parking lot being created on the lawn of the property at 100 Chase Avenue. Inspections confirmed that individuals were parking their vehicles at 100 Chase Avenue to walk to nearby buildings on the UNC campus. The owner was notified twice in writing that this activity was a violation of the zoning regulations, and Mr. Sparrow appealed the March 7, 2001 Final Written Notice of Zoning Violation. On May 30, 2001, the Town of Chapel Hill Board of Adjustment denied an appeal of the determination that the property at 100 Chase Avenue was in violation of the Development Ordinance for using the residential property to provide parking for the vehicles of non-residents. The property owner then ceased the non-accessory parking activity for which he had been cited and was issued a Notice of Compliance.
On July 1, 2002, a Notice of Zoning Violation was mailed to the owner of 100 Chase Avenue following citizen complaints and confirmation that the non-accessory parking activity was recurring in violation of the Board of Adjustment’s ruling and the Development Ordinance. The violation was resolved and a Notice of Compliance was issued when the property owner ceased the illegal parking activity.
The property at 100 Chase Avenue has been notified again of a zoning violation due to the use of the residential property as a parking lot for non-residents. The March 13, 2006 Final Written Notice of Zoning Violation includes imposition of the zoning penalty of $100.00 per day following a 30-day deadline to comply.
CONCLUSION
The residential property located at 100 Chase Avenue is being used as a commercial Park/Ride facility in violation of the Land Use Management Ordinance. The owner of the property has not obtained a Zoning Compliance Permit which would first require the issuance of a Special Use Permit in this Residential-2 zone.
The Inspections Department will continue enforcement until the property at 100 Chase Avenue complies with the Land Use Management Ordinance.
ATTACHMENT