Board of Adjustment decides against Stroud
Published 7:55 pm Wednesday, May 11, 2016
Don Stroud will appeal the Washington Board of Adjustment’s decision to reject his appeal of the city’s issuance of a building permit for the conversion of the house at 121 E. Second Street, formerly a single-family house, into multi-family dwelling with 11 apartments.
Washington’s Board of Adjustment, during its meeting Tuesday, voted 4-0 to deny Stroud’s claims and forms of relief sought in the matter. The board affirmed the city’s decision to allow the multi-family dwelling and issuance of the permit. Board members Steve Fuchs, Tim Cashion, Paula Nelson and Charlie Manning voted on the matter. Board member Derik Davis, who was absent from previous meetings when Stroud’s petition was discussed, did not vote.
Stroud’s appeal of the board’s action Tuesday will be heard in Beaufort County Superior Court.
During the meeting, Stroud sought to add 10 items to the findings of fact prepared by James Hopf, the board’s attorney. Those findings of fact were negotiated by Hopf, Stroud and City Attorney Franz Holscher. Stroud, an attorney who lives next to the house in question, said the 10 items should be added to the findings of facts because they have bearing on the matter.
“What matters is, is it true? Let the Superior Court sort it out,” Stroud said.
Holscher told the board the majority of the 10 items are irrelevant and do not support the board’s decision to uphold the city’s issuance of the permit. Hopf said the 10 items do not support the board’s decision and would undermine that decision if added to the findings of fact.
“In essence — I don’t want to be harsh — Mr. Stroud did not prevail before you. If he had prevailed, perhaps, some of those facts would be included in your decision. So, that’s why many of these facts should not be included,” Holscher said.
Hopf said the transcript of a previous board meeting includes everything said at that meeting, including Stroud’s assertions. That transcript, the board’s decision and other information related to the case will be reviewed by a judge who will determine if the city’s issuance of the permit was proper.
Stroud’s challenge came after the City Council, during an October 2015 meeting, chose not to impose a moratorium on converting single-family dwellings in the B1H district into multi-family dwellings. Specifically, Stroud wanted the board to overrule the issuance of the building permit, direct the city to deny the permit and direct the city, if he was successful with his petition, to issue a stop-work order. Work on the house continues, according to city officials.