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Board dismisses variance request for lack of jurisdiction; elects new chair
Summary
After legal argument the Board of Adjustment dismissed a variance application for lack of subject-matter jurisdiction because the request concerned town-owned/right-of-way property the applicants do not own; the board also elected a new chair and vice chair and adjourned.
The Town of Sunset Beach Board of Adjustment on Aug. 13 dismissed, by unanimous vote, a variance application (variance 2025-02) brought by residents identified in the record as the Janettes because the board concluded it lacked subject-matter jurisdiction to grant a variance for property the applicants did not own or for which they had not been authorized by the owner.
Applicant counsel (Ray Digiuseppe) asked the board to consider the variance and addressed jurisdictional questions about whether a board of adjustment may hear a request that affects town-adopted parking plans. Town counsel (Grady Richardson) and other members argued the UDO and statutory framework anticipate variances from an ordinance primarily for landowners or authorized agents; the board agreed that the applicant had not established the necessary owner authorization or claim to the property interest required for a variance.
After discussion the board voted to dismiss the application for lack of jurisdiction. The board recorded a unanimous voice vote and directed the clerk to notify the applicant of the dismissal and options for alternative remedies.
Separately, the board handled routine administrative business: with the prior chair's resignation for health reasons noted, members nominated and approved a new chair (the acting vice chair moved into the chair role) and elected Jay as vice chair. The meeting concluded with a motion to adjourn.
The dismissal reflects the board's view of its limited authority to grant variances affecting property not controlled or authorized by an applicant; the transcript records legal materials and statutory citations discussed at length during the jurisdictional argument.
