Board of Adjustment

TOWN OF FUQUAY-VARINA BOARD OF ADJUSTMENT REGULAR MEETING October 08, 2018 CALL TO ORDER Chair Michael Dorman called the regular meeting of the Fuquay-Varina Board of Adjustment to order on October 08, 2018 at 7:00 p.m. Board Members Present: Michael Dorman (Chair) Jeff Jaeger Dan Miller William Hartman Scott Jarman Larry Terhune Board Member(s) Absent: None Others Present: Planning Director Samantha Smith Adam Culpepper Jonathan Cooper Akul Nishawala Teresa Wilder Allyssa Stafford Slater Knox Pam Davison Assistant Town Manager Mark Matthews Town Attorney James Adcock ****************************** APPROVAL OF THE MINUTES The January 08, 2018, minutes of the regularly scheduled Board of Adjustment meeting were presented for approval. Motion - Approve the minutes from the January 08, 2018 meeting of the Board of Adjustment. MOTION: William Hartman SECOND: Scott Jarman MOTION RESULT: Passed Unanimously (6-0) ****************************** PUBLIC HEARINGS Agenda Item No. 3.A: Special Use Permit Petition - Apostolic Assembly of the Faith in Christ Jesus - 6124 Dwight Rowland Road - PIN 0677766239 - BOA-SUP- 2018-01 Purpose – The purpose of this agenda item is to consider a Special Use Permit, BOA- SUP-2018-01, at 6124 Dwight Rowland Road by petitioner Apostolic Assembly of the Faith in Christ Jesus. 1 Staff Comments – Planning Director Samantha Smith presented information for the above-mentioned subject property. The agenda abstract and supporting documentation is hereby submitted into the official record. Public Hearing – The public hearing was opened for speakers in favor of the petition. Andy Petty, Curry Engineering Group, 205 S. Fuquay Avenue, Fuquay-Varina, NC 27526 read into the record responses to the finding of facts: 1. The proposed use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted. The purpose of this plan and associated SUP is to bring the current use in to conformity with the Town LDO. There is no building expansion associated with the proposal, merely implementing parking, fire truck access and parking lot landscaping to bring the use up to code requirements. 2. The proposed use meets all required conditions and specifications as identified in the latest Town of Fuquay-Varina LDO. 3. The proposed use will not substantially injure the value of adjoining property. The church will continue to function as-is, but with increase compliance with Town requirements, thereby lessening any perceived negative impacts with adjacent properties. 4. The location and character of the proposed use, if developed according to the plan submitted will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the Town of Fuquay- Varina and its ordinances. The use is currently identified on the Land Use Plan as Civic & Institutional and the proposed SUP will not alter this condition. Joe Johnson, 4105 Southall Road, Raleigh, NC 27604, stated he was a North Carolina contractor and would be the construction manager for the church. Public Hearing – The public hearing was opened for speakers in opposition to the petition. No one chose to speak in opposition to the petition. Discussion – Board Member Scott Jarman asked, if granted the special use permit, would the church have to come back to the Board of Adjustment for any other changes to the property. Planning Director Smith answered the question stating if they make any changes they would have to come back to the Board of Adjustment. Chairman Dorman closed the public hearing. Discussion of Findings of Fact Findings of Fact #1 William Hartman made a motion that the proposed use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted. The purpose of this plan and associated SUP is to bring the current use in to conformity with the Town LDO. There is no building expansion associated with the proposal; merely implementing parking, fire truck access and parking lot landscaping to bring the use up to code requirements. Upon second by Jeff Jaeger, the board voted unanimously in favor of the motion. 2 Findings of Fact #2 Larry Terhune made the motion that the proposed use meets all required conditions and specifications as identified in the latest Town of Fuquay-Varina LDO. Upon second by William Hartman, the board voted unanimously in favor of the motion. Findings of Fact #3 Scott Jarman made the motion that the proposed use will not substantially injure the value of adjoining property. The church will continue to function as-is, but with increase compliance with Town requirements, thereby lessening any perceived negative impacts with adjacent properties. Upon second by Jeff Jaeger, the board voted unanimously in favor of the motion. Findings of Fact #4 Dan Miller asked a question regarding compliance with the LDO for an encroachment on the north side of the parking lot. Chairman Dorman reopened the public hearing to allow Planning Director Smith to respond. Planning Director Smith stated that it is a grandfathered use which is unchanged by the request, and they are trying to bring the area of changes to the property into compliance. Chairman Dorman closed the public hearing. Larry Terhune made a motion that the location and character of the proposed use, if developed according to the plan submitted will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the Town of Fuquay-Varina and its ordinances. The use is currently identified on the Land Use Plan as Civic & Institutional and the proposed SUP will not alter this condition. Upon second by Dan Miller, the board voted unanimously in favor of the motion. Chair Dorman asked if the Board has a motion for BOA-SUP-2018-01 Board Member Jeff Jaeger made a motion to approve the Special Use Permit BOA-SUP- 2018-01 based on the four (4) findings of facts. Upon Second by Scott Jarman the board unanimously approved BOA-SUP-2018-01. ****************************** ADMINISTRATIVE REPORTS Introduction of Slater Knox as Planner I. Introduction of Pam Davison as Planner II. There was discussion of moving the November 12, 2018 Board of Adjustment meeting due to the Veteran Day holiday to November 13, 2018. Jeff Jaeger moved to 3 reschedule the November 12, 2018 BOA meeting to November 13, 2018. Motion: Jeff Jaeger Second: Dan Miller Motion Results: Passed unanimously (6-0) ADJOURN Motion: William Hartman Second: Scott Jarman Motion Results: Passed unanimously (6-0) ______________________________ ________________________________ Teresa Wilder, Clerk to the Board Michael Dorman, Chair ______________________________ ________________________________ Date Date 4