[Durham INC] UDO's sections on "administrative adjustments" by planning director

[Pat Carstensen]

The UDO specifies a lot of places where the Planning Director can make "administrative adjustments" -- final decision on matters that aren't worth taking to a governing board and to a citizen entity such as the Board of Adjustment.  See Section 3.14 on http://ww2.durhamnc.gov/udo/mainPage.asp.  This is, in itself, not such a bad idea, because the Board of Adjustment might have to meet 3 times a month if they needed to rule on every 6 inches of wriggling of lines.  On the other hand, we have had 2 disastrous decisions -- on the Morrene Road warehouse and the Jordan Lake boundaries.  
My thoughts are that we need to look at the various decisions the director can make and classify them into 4 types:a.  The planning director should continue to make these decisions.b.  A governing body or the Board of Adjustment should be making the decision (changing lines around water bodies, for example)c.  The planning director should continue to make these decisions, but there should be more notification of neighbors (e.g. I should be able to object if my neighbor wants to decrease his side yard)d.  We should be able to make "hard lines" that the planning director can't change.  For example, if the size of the side yard has been an intense matter of discussion in approving a Development Plan, there's no way that it should be changed.
I also think that we need a credible threat of being able to sue when bad decisions are made.  If developers can claim "takings" if they can't push the envelop, I should be able to sue for "takings" if the director has let them push the envelop to the point that the peace and tranquility of my property is being affected.  You don't want the specter of having the city or county have a big legal fee if the decision goes one way being unmatched by an equally big threat if it goes the other way.
Regards, pat

 		 	   		  
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