Board of Adjustment - Regular Meeting

At this time, I'd like to call the April 13, 2026 board of adjustment meeting for the town of Fukquay Verina to order. Do we have a forum present? We do. All stand, please. I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Quasi judicial hearings are a time for petitioners to present justification for special use permits or variance requests and for the members of the public to testify in support or in opposition to these presented justifications. Quasi judicial hearings are unlike legislative hearings in that witness testimony is limited to the field of expertise or withstanding and not general public comments in support of our opposition to the request. At this time, I would like to request that the board of adjustment member David Oali come forward and line up at the podium and face the board so that deputy so that our deputy clerk can administer the oath of office. Madam clerk, please.

Yes. Thank you. David, if you would please face the board and raise your right hand and repeat after me. I and your name I David Alle do solemnly swear that I will support do solemnly swear that I will support and maintain the Constitution and laws and maintain the Constitution and laws of the United States of the United States and the Constitution and laws and the Constitutions and laws of North Carolina of North Carolina not inconsistent therewith not inconsistent therewith and that I will faithfully discharge and that I will faithfully discharge the duties of my office the duties of my office

as a member of the town of Fuqua Verina as a member of the town of Fukquerina board of adjustment board of adjustment so help me God so help me God thank you may have a seat thank you

any evidence presented tonight before the board will become the property of the town anyone wishing to address the board tonight will need to sign the public hearing signin sheet, complete an oath form at the podium, and be required to take an oath or affirmation, which will be issued by the deputy clerk. At this time, I would like to request all those who are wanting to give testimony at tonight's public hearing portion of the meeting, please come forward in order to be sworn in by the deputy clerk. If anyone coming forward would please line up between the column and the podium and please face towards the board members. Thank you.

Thank you. If everyone please raise your right hand and repeat after me. I solemnly swear I solemnly swear to tell the whole truth to tell the whole truth and nothing but the truth and nothing but the truth. So help me God. So help me God. for the evidence presented For the evidence presented before the board of adjustment before the board of adjustment of the town of Fuqua Verina of the town North Carolina North Carolina. Thank you. You may have a seat.

Before we get into new business, we're going to approve the meeting the the minutes from our uh January 14th of 2026 board of adjustment meeting. The purpose of this agenda item is to consider approval of the minutes from the board of adjustment meeting on January the 14th of 2026. Has everyone had the opportunity to review the meeting notes from January 14th of 2026? Does anyone have any changes or corrections to the meeting notes? No changes. Do I have a motion to approve the January 14th, 2026 minutes as presented? Motion to approve. Do I have a second? Second. All in favor, raise your right hand and say I. I.

All in opposition, raise your right hand and say nay. The motion carries. Now we're moving to the public hearing. Item 4 A is our special is a special use permit petition item. The purpose of this agenda item is to consider a special use permit BOA SUP 20261 at 1340 Forest Fern Lane by by petitioner Diana Alejandra Beretta Torres. Um further information will be provided by staff.

Thank you. I'm submitting the agenda abstract and supporting documents into the record. The subject property located at 1314 Forest Fern Lane on.14 acres within the town's corporate limits. The principal use of the property is a residence. The petitioner is requesting a special use permit to expand the in-home business from the existing small inhome daycare no more than six children per the LDO for which a home occupation permit was issued on November 15, 2024 to care for no more than five children. The town's use standards require approval of a special use permit to operate a large inhome daycare, no more than 12 children. The petitioner is requesting permission to care up for up to 12 children. The zoning of the subject property is residential medium density conditional zoning district. The subject property is surrounded by residential lots in the Grace Creek subdivision. All zoned residential medium density conditional zoning. The petitioner is requesting a special use permit to permit the operation of a large inhome daycare with the residential medium density conditional zoning district as required by section 9-1255g3 of the land development ordinance. The attached site plan demonstrates general compliance with town standards. The motion tonight is to approve BOA SUP 202601 as presented under the terms and conditions identified in the applicant's application, testimony, site layout, exhibit, and preserving all conditions of the special use permit BOA sup2601 not inconsistent therewith or to deny the request as presented.

Are there any questions for staff at this time? If not, will the representative for the petitioner or the petitioner please come forward and make your presentation? When you come forward, please state your name, your profession, and your address for the board. Um, hello. My name is Diana Alejandra Besera Torres and I'm the owner of a home daycare a licensed home daycare. My address is 1340 Forest Fair Lane in Fukuina, North Carolina. Thank you.

At this time I would like to open the Well, um we need to The proposed use materially endanger the public health or safety located were proposed and developed according to the plan of submitted. The proposed use will not material enterain public health or safety. The petitioner currently operates a f a licensed homebased child care at this residence and has been in operations since September 2025. The daycare complies with all applicable North Carolina child care license requirements and local regulations. Safety procedures, supervision standards, and designed child care areas are in place to ensure the well-being of all children in care. Finding two, the proposed use, all required conditions and specifications. The proposed use meets all required conditions and specifications under the town's land development ordinance. The daycare operates within an existing residential structure and complies with zoning standards, occup occupancy limits and applicable state childcare regulations. No structural expansion or com or commercial alterations are proposed. Finding three, the proposed use substantially ensure the value of adjoining property of the use is a public necessary. The continuing operation of the homebased child care will not substantially endure the value of the joint properties. The use maintains the residential character of the

neighborhood and generates minimal traffic and noise typical of a residential setting. Additional homebased child care provides an essential public service to families within the community. The finding for the location and character of the proposed use if developed according to the plan submitted not uh will or will not be in harmony with the area in which is to be located and in general confirm confformity with the plan of development of the TW the town of Fukquarina and its ordinances. The request for a special use permit is to increase the maximum number of children from the currently allowed capacity to maximum of 12 children. The nature of the operation will remain the same as smallcale homebased child care program within existent single family residents. The location and character of the proposed use are consistent with the existing residential character of the neighborhood. The home will continue the function pre primarily as a residence. No exterior structural changes, commercial additions or alteration of the to the residential appearance are proposed. The daycare operates during typical daytime hours only and no evening or overnight care is provided. The scale of the operation remain remains small and comparable to normal residential activity levels. The use is consistent with the town of Aqua Varina's development goals of supporting small business and family

oriented services within residential communities. For these reasons, the proposed use as developed according to the submitted submitted plan will be in harmony with the surrounding area and in general conformity with the town of Aqua Varina's development plan and ordinances circulation access points to the property and the proposed structures safety and convenience to for automotive, bicycle and pedestrian movement and public safety. Access to the property is provided by an by an existing residential street designed to accommodate normal neighborhood traffic. The proper the property has an existing driveway driveway that is sufficient to accommodate tempor temporary drop off and pickup activity without obstructing traffic law sidewalks and adjacent properties. Drop off and pickup times are staggered to m minimize congestion. Parents are instructed to use the driveway and are not permitted to park it on the street in a manner that interferes with traffic circulation or neighborhood neighborhooding driveways. The proposed increase to a maximum of 12 children will not create unsafe traffic conditions, excessive vehicles, vehicle trips or negative impacts on pedestrian or vehicular safety. Parking and loading location areas. All drop off and pickup activity will occur within the existing residential driveway. No additional parking areas

are proposed. No on street parking is required for the operation of the dayare. The increase in enrollment will not generate parking demand beyond what is typical for a residential household. No loading zones or commercial commercial delivery areas are necessary. Service entrance and areas locations or service areas and dumpsters. No commercial service areas areas or dumpsters are required. All waste generated by the daycare is managed through standard residential trash collection services. There are no separate service entrances entrances proposed. The property will continue to operate as a residential home with in with incidential homebased child care used lining. Exterior lighting is limited to existing residential fixtures. All lighting is downward directed and designed to prevent glare on their neighborhooding properties or public streets. No additional exterior lighting is proposed. The use will not create light pollution or negatively impact traffic safety utilities. The property is served by existing residential utilities including public water, seawware and electricity. These service are currently adequat adequate to support the existing license child care operation and are sufficient to support the requested increase of to

a maximum of 12 children. No upgrades, upgrades, expansions or modifications to utility infrastructure are required. Open space and landscape landscaping. The property will continue to be used primarily as a residential home with existing yard areas. No ch no changes to open space landscaping or tree coverage are proposed. Out the door play will occur within the existing yard area. Existing trees are natural features will be preserved. No land disturbing disturbance rising or additional imper imperious surface are proposed. Environmental protection. The proposed use does not impact flood planes, wetlands, riparian buffers, step slops or envir environmentally sensitive areas. Not re removal, grading, excavation or land clearing is required for the request increase in reenrollment. The property will remain and its current develop developed residential condition effect and on adjacent property. The petitioner has been operating a licensed home baker at this location without documented complaints, violations or adverse impacts on neighborhing properties. The proposed increase in air enrollment will not signific sign significantly alter traffic patterns, noise levels, lighting conditions, or the overall character of the neighborhood. Outdoor play will remain supervised and limited

to appropriate daytime hours. Noise levels will remain consistent with that of a typical residential property with children. No others, vibrations, glare or other nonsenses are anticipated. Compatibility. The proposed homebased child care operation remains small scale and residential in nature. There are no proposed exterior structure structural modifications. No commercial s sign and not changes to the architectural character of the home. The scale, design and operation are compatible with surrounding simple family residences. The youth supports local families while maintaining the establish established residential character of the neighborhood. List of any proposed conditions. The petitioner agrees to the following voluntary conditions. Maximum enrollment shall not exceed 12 children. Hours of operation shall remain limited to standard daytime child care hours. No commercial signal shall be installed on the property. All drop off and pickup activity shall occur within the existing driveway. The operation shall remain compliant with all applicable North Carolina child care license licensing requirements and town of Fukquo Varina ordinances. Um, please let me know if you have any questions. Thank you.

At this time, I would like to open the public hearing. Um, I would also like to request that the clerk call your name if your clerk calls your name, please come forward to the podium and state your name address. And if you are or are either in favor of or opposition to the petition so that it is on the record, are we able to ask questions first? Yes. Um before I call any witnesses, if the board has any discussion before I call them. Okay, it's okay. Is it okay if I call you Miss Torres? No, it's Bera. It is Bera. Yes. Okay. Thank you. Um, h how many you currently have six children?

Yes. Are any of them your own? You have your own children. You have any of your own children that are included in this number? Yes. Is my daughter included in this number with she is six kids. Okay. Um, do you have any before and after school aged children? No. Is there just So, how what are there is it like six and under then or eight and under? What are the ages? He's two and five years old. Okay. Is it the right the right Okay. Um and does does your backyard have a fence? It wasn't obvious from the pictures that we had. Is it fenced in your yard? Yes. Okay.

The in fact uh we we asked to put the fence because is part of the license to have a fence. Okay. With the meas measures, property measures for childcare. And yes, I have a a fence. Okay. Okay. And then what are your hours of operation now? Is 8 to 1:30 p.m. Will that remain the same once you if your number is increased to 12? Will those hours stay the same? My idea is to increase to 8 to 300 p.m. maximum. Okay. Probably. But now is to 1:30 in my license and everything is 1:30. Okay.

No. No. Thank you. Do you have another question? I want to go. Go ahead. Yeah. How many um cars can park in your driveway? Now we can park uh two cars. I'm sorry. Four cars. Okay. Um and how many cars are in your family that will be there possibly when people are coming and going? So, will there be two cars parked there? Uh, two cars inside. Okay. And one car outside. Okay. So, one of them might be in the garage. Yes.

Always.

Okay. Yes. Thank you. My is my husband. We have three in the Can you list your name please for the record? I'm the co owner of the of the daycare. So we have three h three cars in the household. Two are in the garage. Uh one is for my other daughter and she works three days a week. Uh so when she works that car is of course not at the house. Um, and she works from she leaves at 7:00 in the morning and then she comes back until 700 p.m. 8:00 p.m. So that is not affecting the driveway.

So what would be the um parking situation if you had three cars there and two parents show up at the same time to pick up their child? Like like I say in the in the parking um the drop off and The pick up and drop off is just to uh establish and it's just pick up the kids and go and and return. Nobody's stay there for more than three minutes. It's very So you walk the kids out or they come in and get them. Typically

it's a stand. So the parents uh they come into the driveway, they park the cars, they come they drop off inside the home the the kids.

Okay. They drop the kids and they leave. And yeah, there have been situations that they uh if the drive the two or three cars that they can fit in the driveway, they it's full, they park on the side of the road. Uh which is uh I mean for more than five minutes I mean it's even even in other houses right there in picture you can only see one car in the the picture but it's not uncommon. It's it's not it's not allowed to be parked on the on the street for let's say on a permanent basis, but also it's not uncommon to see cars parked on the side of the road, but it they don't last more than five five minutes

of the other kids that are in your daycare that are not in your family, are there more kids like in the same family? And the reason I'm asking that is could one family of the other five kids could there be fewer cars coming? We we have one family that currently they have there are two sisters. Okay. So they it's one suburban. Sure. Uh it's with two two girls. Okay. All right. Yeah. I'm assuming right now that you and your husband are the care providers for the current five children that you have.

I I work from home so I'm almost all the day in my in the second floor those conference call. So she's the mastermind and okay the reason I was asking now that assuming that you're the only one you have five kids now it's going to be 12. So what provision do you have in place

to for help one and two regarding to the parking situation because now that you have one or two more people working with you they need the place to park which pretty much takes up the two available spots that you have unless you are not going to have workers assisting you. But again, think of the fact that now you're increasing the size from five to 12.

Well, currently I have a mom that is is part of the mom that I have for the five kids and she will be um voluntary or assistant with the other if I have the the permission she can help us. So, so yes, it's part of the kids that I currently have. And the idea is uh I need to talk with her. Probably her husband can pick up her or drop off her. So, it's I need to talk about that with her. May I compliment? Yes.

So, yeah, if if the permit is granted, uh part of the plan is to get an assistant. We understand that that we that she cannot have like a full-time employee, but It's allowed to have an assistant or or like an intern or what is a a volunteer. I mean, not not a full-time employee, but some part-time um assistant

that can help with the load because also the five kids that she has, it's five kids plus our own. They are not all day. So, there are uh and they also don't come five days a week. Some of them they are Monday, Wednesday, and Friday. Some of them there are Tuesday and and Thursday. So it's like different schedule each each kid. So it's u depending also on the enrollment uh kids of the new new new kids depending on that is the amount of or the amount of uh assistance that she will need to take care of the new the new enrollment. Uh but the mom that she said is one of the uh unfortunate Oracle uh employees that got dismissed one or two weeks ago. I don't know if you heard the 30,000 employees that got laid off from Oracle.

Uh so currently she's uh unemployed. Uh so instead of just saying I cannot afford to have my kid on the taker uh we're giving her that option that she can continue to have her kid with a s with a plan and also to take to be with her kid and help it's kind of like help me to help you only three days per week in the meantime that she finds herself another job. Thank you. Uh you've been operating this now I assume for couple of years. I mean with the five kids have you had any situation whereby some of your neighbors complain about noise about noise

um if they have to go out to play in the in the backyard. And the reason I'm asking that question with five is manageable but once it gets to 12 I deal with kids I have that's the reason I'm asking so I mean do you have like I mean as any of your neighbors complain if they've not complained that's fine. Yes, the like I say is the normal activity kids activity like a normal family that I have probably five kids or is um is not too allowed. It's not like a like a construction noise or something heavy. No, of course not.

But the the question is if the neighbor if any neighbor has complained the answer is yes. Uh the actually the the neighbors next door who are here uh they have sent uh two or three times two times two times text when so she takes them out usually between 11 or 12 uh during lunchtime. They go outside to play in the in the backyard and she puts music with this little fellow that as you can see it's not like it's not like big speaker that you can play on there. So this little produces eight decibels of noise. Okay.

So it's not a big speaker phone that you could So and then the kids uh she used to have one kid that has uh light autism. So also he could not stand like loud music or loud noises. Uh you can see also we have a a road right behind our house

and there is a farm uh behind us. So they also sometimes they pull the tractor at 8 900 p.m. and there that's when they they take care of the yard when it's especially in summertime. So they make more noise than that that this little speaker right. So they have uh sent two time steps saying can you please lower the the volume of the music. So, we decrease the the volume, but it's it's just normal music. It's not like trash metal that we play. It's just music kids music for kids and they like to dance and so yeah, they they get excited of course is but it's part of any

any kids uh activity that that they that they need for their development. Now, are you operating somewhat as a preschool? You said you stop the day at one go home at one. Sorry. No. No. Children here all day. That if uh if you stop at 1 or if you go all day? No. I stop at 1:30. 1:30. Yes. And so all the children leave at that time? Yes. Only I only have the this special girl. I have only three days uh until 4. Just one. Just one. Just one. And so as you increase in size, are you going to increase your hours? I think you mentioned something about

I mentioned that I plan that but I need to it's something I I'm thinking about about if I need if I see some parents that need that probably increase to 300 p.m. but it's not it's not something formal it's not something it's only that I have plan probably in the future. So not that it's informal it's not that it's not a part of the current plan. She's still thinking that because she needs the additional help, she needs to do more planning. Uh so it's part of the future plans, but it's not in nothing in concrete yet.

Yes. The thing is that my my home daycare is um more like uh educational. I do curriculum, I do assessments. Uh it's like a the big centers do but I do it in a small

and the quality is that why they give me my five stars license. Five stars means a high quality education in North Carolina. I'm so proud of that because I I am the only family child care in Fuk in Fukarina that have an owns five stars. So if you can look in the DCD um web, you can find for sperm preschool and I I am the only that have five star license. The only home baker.

The only homemaker. Yes, of course. So that's why I'm I want that for other parents that enjoy this. All my background is I am I'm bachelor's degree in education, master degree in education. I have my credential in early childhood education and also that's um everything give me the equival equivalency to the early childhood administration level three is a maximum level of administration by equival equivalency so that's why I I want to increase because I think I have quality in in my background I can do quality with my families. I support the families and and see all the kids that are growing happy with two languages because I speak Spanish with them sometimes. Uh they are um that's why I want that for the town. That's why I want to increase more capacity and I know it's not going to be easy, but that's why I'm here. And you said your age range is two to five. Now, are you going to increase that age range as you pick up more students?

No, no, no, no, no. In fact, my license it says start with two years old. Um, that's that's it. It's let me see. It says something that I I need to follow the the standards I have. And yes, it says like um no more than four children under the age of 24 age one six years. Okay. So I need to to follow that the two years starting two years

and one thing of that is also she's very proud she doesn't teach our first language is Spanish. Then all of the kids speak English. They speak English. So they help us to improve our English. Also for our little girl is now she's speaking up more English and she also teaches them sign language in English, American Sign Language. some small a little things and we learn together and you can see you are welcome to to see if you you want to come and all the children my five kids um are speaking like three languages so in a very small

and what time is the drop off time in the morning usually depends because I have families that drop off at 7:50 the two girls then 8:30 to two families and nine or is it in this range of 750 7:50 to 9 they they come and and drop off. So it's very uncommon they do it together at the same time but no

if I can just offer some clarification there is under home occupation standards um there is a limit within the corporate limits no person may be employed on the property in connection with the home occupation who is not a resident of the residential dwelling unit. So that's not an option to have an employee. It sounds like you're still thinking about that. We just No, we have we have that clear Sometimes when I'm off my so sometimes I come and um let's say I play with them like P set so I have you seen u like kindergarten cup so my

uh so I take care of that or if she needs any help so sometimes I come and take care of that my I have an older daughter the one that works at uh the three days a week she's uh she's about to finish her major in arts and animation so she's also helping on part of curriculum with u art

arts and crafts and all that. So that's what how we help well we're helping her do with that part and uh that's what we were saying some volunteers or part-time um not part time like like hours like per hours for example this mom that needs that uh we want to to help her or support her with some hours of course I can some hours of her time it's is going to be value of Of course, I'm not going to pay like a insurance or uh medical or like a properly um properly employee because I cannot do that. I know that. But only for per hours. I I think it will help a lot.

But technically, it's not allowed. You can't have an employee that doesn't live in the house. That's probably standards. Even if some hours or I can I can talk with her about volunteer. Okay. We will of course check and we're also checking with an accountant to make sure that anything that we do I don't want to have any issues with Uncle Tom. That's for sure. But what's the ratio of based on the child care laws of student to teacher?

So the way I understand it is if she she currently is approved for five. So, we're if we're saying yes, if we give her a yes, she'll still have to apply with the state of North Carolina to increase her her number. Correct. Like, because you're currently only approved for five children. If we say if the town of Fuway says yes, you're able to go to 12, you still have to apply with the state of North Carolina to get the certificate to allow you to have 12 children. Is that correct? Yes. I need to in fact I need to to speak with the licensed consultants and the I need to renew in fact I need to renew the capacity of my license. Right. Yes. Of course. And I think if

I don't think the state requires for an inhome daycare that you have an employee obviously, but if they did, she would have to and then she wouldn't be allowed to. Does that make sense? Yeah. But that's still a state license, right? So yeah, that's you're still required to follow the licensing guidelines for ratios, right? Right. Regardless, they'll do in home visits, right? So the state expanded when the state expanded, they used to cap it at six and so our home occupation was capped at six, right? The state recently because there is such a shortage of of daycare out there, the state expanded it so a single individual in their home can do up to 12. That's your ratio, 1 to 12.

Okay? And the town felt at that point that's a big leap. And so that's where we instilled basically we we delineated between small daycarees and large daycarees and required the special use permit to jump into the 12 but still not allowing someone else to come into the home to work unless they live there. Right. Within corporate limits, right? If you are in the ETJ, you may have one employee, but within corporate limits, you are limited to only those within the household. Okay. And in terms of the approval process, does her case get strengthening if she gets approval here first or will it make sense to actually get approval from? She has to get this first,

right? And then she has basically we give her six months, okay, to submit her her state permits to us. So we just have them on record. Does anyone else have any more questions? I mean, I don't have an issue with like parking or traffic because you could go into any neighborhood and see people coming and going and parking and dropping things off and people get food and they get deliveries and I mean that's just a normal neighborhood, right? And there's staggered drop off times. Yes. Which I think is

a good time today to pick up which is at lunchtime when not as many folks are in the neighborhood. I mean it and I don't think noise is either quite frankly because we've all been places where there are major roads behind houses and you could argue that that's just as noisier and noisier than we all live in neighborhoods with kids and they go outside and they play. I mean that's part of a neighborhood, right? So I don't think that's an issue either. That's normal. Yeah. I mean issue with that. I mean I'm curious to hear what the what her neighbor has to say for sure before I Sure. go too deep into it. I definitely agree with everything you're saying. Yeah. Are there any more questions from this witness? I think so. Thank you. Thank you.

Thank you. At this time now, I would like to open the public hearing. I'd also like to request that when the clerk calls your name, please come forward to the podium and state your name address. And if you are either in favor or in opposition of the petition so that it is on the record.

My name is 1244 Forest Fern Lane. So I'm the direct neighbor. Uh for me it was first of us it was first interest that we were interested to hear how this goes. We were not aware that this is a commercial or mixed area at all. We were always under the impression this is a residential area only but this is then good to know in case we have some plans in the future. Um we are also I would say friends so we we know each other very well and they discuss with us even the situation before they started the daycare and my wife and myself we thought it's it's quite a good idea at this time I think we spoke about three or four kids and you know five kids some families have five kids there are noises and kids should make noises oldest is okay and and totally fine I'm just a little bit concerned when this this number will change to 10 12 the noises are the noise level is definitely a little bit different but we have to see this um to say and so I cannot even say if we are against or supporting this. I mean we are from a different country from Germany they both are from Mexico and we have all the same problem we try to establish ourself here and it's not easy nowadays and we will not create any problems but the problem for us is and we will have a meeting with a real estate agent um in three days from now what we heard so far a daycare next to

our house will decrease the value of our was 10 to 15%. So it means we pay if we decide to sell our house tomorrow or next week or in four weeks, we pay a quite some money for this for this dayare. You also understand daycarees are needed and Diana is doing a really great job. We can see this whenever we are outside in the in the garden. She's really taking care of the kids. She is not hurting them. She's really educating them. He's playing with them. This is also sometimes they play music and the kids then they are singing and they have fun. All this is amazing. It is good and sometimes it's also a little bit a little bit noisy and like Maritu said I think twice we had to send a little text message you know it's a little bit too loud but should I say these are kids we can you cannot put a band eight over their mouth. They should play they should make noises. The question is only how much noise will it be with more than five, six, seven or eight kids and uh we are really thinking about moving now. U but this depends also on the value of our house. If the real estate agent tells us I mean all this is not your concern I totally understand this u but we possibly will get a um this information in two days that our the value of our house decreases a lot and then maybe we are not even able to to sell it.

So um we are really we are not against this at all. I think really she is doing an amazing job. Takes care of the kids and we all know daycarees are needed and I said this before I hope she will be really really successful and has the possibility to take care of 20 or 30 kids and then she has to move somewhere where is place for 20 30 or more kids and I think it this will be the case earlier or later. U like I said we can see what she is doing. Sometimes we just see it a little bit too close I have to say. So

I have a few questions if that's okay. Um do you have children of your own? Yes, you do. Are they do they live at home or are they out of the home now? Our daughter is 35 already. She's not living okay here anymore. But we also have two grand uh kids. Okay. age five and seven. Yeah. But but we know they make noises and they should make noises. I mean this is we understand this totally. Yeah. Um it's hard being neighbors sometimes. So you know you love them and but it's challenging. I understand.

Um so you you're you said you were concerned about the value of your home decreasing. Can you explain why you think that? Are there like toys left out? Is there is there like yard? No. We talked to two um real estate agents and I I guess if you talk to five you get maybe seven opinions

but I said you know and this is how we feel at the moment. Your home is your quiet place where you look for a little bit you know quietness and peace and if it gets a little bit too noisy and luckily this is not on the weekends this is just during the week it can be not the best place for someone to buy this house. Okay. Um, are they So, you said that sometimes they're outside and it's a little noisy like kids are they're noisy. I have four kids of my own. They're loud and Exactly. Yeah. Are they outside a lot? Do you find it to be excessive or it's just I guess it depends on the weather. Kids have or should be outside at least a few hours per day. All this is totally fine. I think there's nothing wrong with this at all.

Okay. The problem is only I worked always for European companies at the moment. European companies in United States is not so easy. So I'm working as a school bus driver at the moment. So it means I'm starting 5:00 in the morning and then I have a little bit off time and this is more or less the time when the kids are playing outside having a little nap. But this is again this is just me um it it is not easy

and I cannot I would not tell the kids you know I need my nap now you have to stay inside. No, they should play outside. This is okay, but it's it's again would I work like before from 6:00 till 6 somewhere? I possibly wouldn't care. U and this is not the main concern. Kids should play, they make noises, all this is totally fine. I'm more concerned about losing, I don't know, $50,000 uh if we sell our house tomorrow or next week. I mean, this is quite quite some money. But again, this should also possibly not your concern, but I have to tell my concern. It is our it's our concern. Yeah.

So we you know it's our job to listen and a lot and a lot without having like an expert to testify like that your property value or will actually drop. It's something that's difficult for us to consider as factual which is why I'm just trying to ask questions like do you think you know are there just trying to kind of get there to why that's how you feel about it. No but the other point is business-wise we all know how it works. Even if someone would like to purchase our house and they like kids and they like noise, but it's a good point to say, you know, because there's a daycare next. This is how it works nowadays. Say, "Oh,

we only pay this because there's a daycare." Even if they say, "Yes, there's a daycare." And I will put my own kids in this daycare. It is a point for someone who bring the value more or less down. Right. Thank you. And maybe I'm overthinking this, but at the moment I only can think about this. Sure. Because it will affect our financial situation. I understand. All right. Thank you. That's all I had for him. How long have you lived there? Say it again. How long have you lived in your house?

10 years. Yeah. When we Yeah, we we were the first owner of they built this house for us and so it was really a residential area. was even quieter with some cows on the other side which are not there anymore but different story 10 years

you know we all sit here and we all have homes right and we all sympathize um no one would want their home value to go down however I don't know that it's something that would reach the level to say that it should stand in the way of a business that's a positive I just don't think we've had any evidence to support dropping. Yeah, it's it's a tough one, right? Like we get it as people, but it's but we shouldn't be standing in the way of a business that's doing good things. No, but so far we we get our information from real estate agents. Sure. And if they tell you something like this, you first say, "Sure."

So when do we know it? Exactly. when we put the house on the market and we have offer before it's just possibility but I'm sure no one will pay 10% more because there's a daycare next to us. This is what I'm I'm sure about. What makes it challenging right now really is that even without a daycare the re the real estate market is terrible. You're not going to even get the worth of your house. I can testify to that. Nonetheless, I mean I just like you said, I sympathize or say empathize, you know, with your concern because I would definitely feel the same way.

Mhm. But given that there are so many other houses in the world as well and it's not even impossible that even the next house close to your house, it's so poorly kept that actually affect the value of your house. you know apart from that so there just so many factors at this point I know to take into that one has to take into consideration you know would this not be our main concern we possibly would say we support this 100% okay but again I if we have to pay quite a chunk of money to support this this would be yeah sure you know

but we don't know yet but I had to tell my concern and you can say this concern is minimum it will maybe not never happen. This is up up to you. But you ask me what my concern is. Like I said, I like I like this this three. Uh but I hate to say this because if I if I sell if we sell our house in in two months from now and we get 50,000 bucks less, then we can say, "Oh, this is your fault." And then they would say, "Oh, you should come and you should you should you should tell it. You you have not been there. You had the possibility and this the reason why we are here today. Sure.

Does anyone else have any questions for him? No. But if our grandkids would be here, we possibly would put them in this dayare. So that's very nice to say. She's really doing it. Thank you. Yeah. Thank you very much. Thank you. Sure.

I need to state my name again. Uh I just wanted to say that the increase on the license the idea of this is um we're not planning to do this home daycare forever. I also want to regain my the first floor of my house. right now if you go it looks literally like a kindergarten is so we can have enough money to afford and move into an actual facility that it can be full-time or dedicated for that uh because also we understand that I mean for us to I love gardening so to see my garden full of toys and every time that I need to garden take it remove all that and and do all that the this is not a long-term plan this is just temporary so we can actually have enough to put an actual facility that she can have a daycare center.

Is that the right name? Like a family day center. So I understand the concern. Um and I appreciate that he's honest like every German they always speak their mind and I and that's what I like about them. Uh so just to set the record straight this is just temporary. I don't know how long. Only time will tell. Sure.

Uh but also at the same time is as David here was saying is during COVID houses were literally through the roof, right? They were not lasting in the market more than two weeks. And my house I bought it by 200 on by 250,000. Now the taxes say that it's like 350,000. But now we see houses that they are like four, five months in the market that they're not selling. I am still paying that it according to the taxes 350,000. If I try to sell it, I don't know if I will sell it for that much. So, uh but hopefully this will give us enough funding so we can put a day center so we can have employees. We can we can we can give people more ways of living and we can get of uh people's back with any annoyance that we're producing around our house. That's all I wanted to say. Thank you.

Thank you. Thank you. At this time, we're going to close the public hearing and the board will go into discussion. Does the board have any discussion? Um, well, I mean, I think we should just kind of go through the numbers if that's okay with you guys. Take them one at a time. We're coming. Oh, okay. like for discussion though like maybe we could just go I just have one discussion that okay I don't know if this is does it have to be approved for the 12 or can it be approved for a lower number

you could ask the applicant if they would accept another condition of a lower number that is an option she would have to agree to that I mean what I I'm not opposed to that but what would our reasoning for that be um to not have 12 kids, maybe nine, you know, kind of a middle point, I guess.

And I don't know how how consistent that like our approval we if we is it a necessary requirement that we approve 12 so that she can apply for more children. I mean, do they go does it go from one to six and then seven to 12 or we don't know the answer to that. So she could self-limit if if that was a zoning basically she would put kind of like a zoning condition on it, right? It would be a condition of the special use permit. So if that was the case, that would also be reflected when she went to renew her state permit, right?

Was that just your gut instinct that you're you're feeling that 12 is a bigger leap than you're comfortable with based on the circumstances? Yeah, just with one person in the house and you know, we've heard cases like this before, but three of the kids were part of the family and and she she was saying I'm not going to go more than nine because I don't feel comfortable and that's why that I'm using that nine number. Um I just feel like 12 is a lot of kids for one person. It is especially if they're

under school age. Yeah, it's called. We've all had kids that are younger. Well, it's certainly a lot. I agree with that. I have four of my own and it was crazy. I can't imagine having 12. However, if the state of North Carolina is okay with 12 and one adult like that is the Department of Health and Human Services who regulates that and who says that this is the okay ratio, do you think that and I'm just just simply just discussing it? I I don't know. I don't have an answer to this question yet, but do you think that they that we would be better in like in a better position to make that sort of decision or judgment over them?

No, they've probably done their due diligence. Yeah. In saying that a person can look at 12 kids, they must. I mean, right. I mean I think it's it's crazy like I couldn't do it personally but I also don't have a master's degree in early childhood education and also we are looking at from the perspective of the effect on fugwway verina yeah and the state is looking for the effect and the need of the state of North Carolina the citizens of the state of North Carolina so um I get decision but no

you know two totally different perspectives and um you know I do know that there are children who are needing a place to be cared for and that is a very important crucial um element. I mean these are multiple families that are being benefited by this by this business and it sounds to me like it is a story. I I certainly agree with that. I think the value like the need and the value is there.

Um however it you know it is a residential neighborhood. I I empathize with the gentleman who spoke. I certainly do. Um 12 kids is a lot to have next door during the day. Mhm. And I was looking at I certainly understand that looks like there was a neighborhood meeting, but I also felt like he wasn't able I mean other than the property value and the concerns there which there was just we just don't have any evidence to support that. You know, we could believe it. It could potentially be true, but we don't know for sure. We can't confirm that. No. I mean, it's well-intentioned, but that doesn't mean that it's fact.

Yeah. Right. And like you said that it could go either way, right? We we have no find someone who is interested in his property. Oh man, that's why drive, you know. Is there a um law that you have to disclose that there's a daycare next door if you were showing a house? No. Yeah. No, you have to disclose. And you can't even discriminate too, especially if it's approved. Well, I think the hours of operation though, I mean, 8 to three, that isn't necessarily, you know, for most people in the neighborhood, they're at work, they're they're at school, they're at their jobs. Like, I think the impact on the neighbors as far as the the hours of operation go is minimal.

It's not even a business. If we improve it, if we approve it for 12 kids, it's she says she's working from 8 to three, but she could easily go from six to Yeah. Well, her license controls the Yes. Okay. license controls work. I I feel good about I mean the question I was going to ask kind of following your question is even let's say the board approves 12 when she applies to the state can the state still reduce that number that's a good point and I don't know the answer to that we think at that point it would be out of our hands

no the reason I was asking I I don't want to be I don't want us to be in a situation whereby we've already kind impose some limitations that are not even taken into consideration by the state you know I rather let the state does that you know I mean given that we know the importance of what she's trying to do I mean kind of give bene benefit of doubt at the same time having uh what you call it do attention to the matter brought up by the by one of the neighbors you know well I about that And I'm sorry, I didn't mean to interrupt. No, that's okay.

Um, about that, I noticed that one of the attachments was a list of neighbors who they had contacted. Um, and I am not fast with counting. Um, but I think that there's probably 30 50 people here. Yeah, I think that was interesting. All properties within 200 feet. Yes. And and only three people showed up at the meeting and only one family is here in opposition. So I do think that that speaks to the fact that um you know for the most part the assumption would be these folks the other folks are not objecting to it.

Yeah. The other thing is she and in her application she did list several proposed conditions that she voluntarily submitted which included um you know the 12 children which that's sort of set by the state anyways. So, there's a line that says hours of operation shall remain limited to standard day daytime ch childcare hours. Like that's something we could modify if we're concerned about the hours of operation. Uh, additionally, something that I I liked what it says all drop off and pickup activity shall occur within the existing driveway. And that was a a volunt that was what she put in her as a condition put in here, which I thought was important. I mean, that's something that I the street parking thing. I'm just I'm very against it.

And I like the staggered drop off. We could put in a condition of staggered drop offs. We could put in a condition of end times, you know. Yeah. You probably still have parents park on the street and walk in if the driveways, you know. But well, that's the thing. It' be tough to have one family dropping off at during a a window or something like She has a condition in here that says all drop of pickup will take will occur within the existing driveway. So technically, right, if there was on street parking and that changed, code compliance could issue a violation, right?

Yeah. I mean, I think it seems like she's going about things the right way. She's applying for the permit. She's doing it the right way. When her neighbor messaged her about the noise, she turned down the volume of the music. it, you know, it seems like she wants to be a good neighbor and and a good citizen of our community and, you know, go about it the right way. And it's certainly a fair way to start a business small in your home and then grow it as as your revenue grows. Is it it's a sounds to me like part of a long-term business plan. Great.

All right. So, how about now we start talking about Finding a fact. Um, finding a fact number one, and I am going to encourage everybody to use your worksheet. It looks like everybody is. Um, finding a fact number one. Um, the proposed use or development will or will not materially endanger the public health or safety if located where proposed and developed according to the plan submitted.

Tell us the the cause. Um, I motion to approve BOA SUP2026-01 as presented under the terms and conditions identified in the applicant's application, testimony, site layout, exhibit, and preserving all conditions of the special use permit BOA-SUP-2026-01 not inconsistent therewith. Um, the propos each of the findings individually first. Oh, first I have to do that. Okay. All right. So, for the first one, I if I could make a motion that the proposed use will not materially materially endanger the public health or safety if located where proposed and developed according to the plan as submitted because the petitioner has plans in place that include safety procedures and supervision standards. Furthermore, the petitioner has voluntarily agreed to ensure that all drop off and pickup activity will occur in the driveway.

Does that sound okay to you guys? Any discussion about that? Yeah, I agree. All right. Do we have a motion? I mean, do we have a second? I I'll second it. And all in favor, raise your right hand and say, "I." I. All in opposition, raise your right hand and say, "Nay." Right. So, uh motion for finding a fact number one is approved. All right. And then, uh finding a fact number two, the proposed use meets or does not meet all required conditions and specifications because anybody have a proposition for the motion.

Okay, I'll do it again. Um, the proposed use meets all required and required conditions and specifications because the daycare operates within an existing residential structure and complies with zoning standards, occupancy, occupancy limits, and applicable state child care regulations. Does that sound okay to you guys? Any discussion? All right. Do I have a second? Second. All in favor? In favor, raise your right hand and say I. I. I.

All in opposition, raise your right hand and say nay. All right. Motion for finding a fact number two. Right. And finding a fact number three, the proposed use will or will not substantially injure the value of the adjoining property or the use as a public necessity. I move that the propo proposed use will not substantially injure the value of adjoining property or the use is a public necessity because it provides an essential public service to families within the community. All right. Do I have a second? Can I ask a question about that?

Yes. Sorry. We can have discussion. Yes. Sorry. I'm kind of in favor, but is if we don't have all the information that you need just according to what the gentleman was saying, do you have like unknown or is that I mean I I struggled with that too. But the second part of that sentence that says or the use is a public necessity. I think that's kind that for me that's what made me comfortable with that sentence. Do you guys agree? I agree. It is clearly a public necessity. It's a tricky The first sentence is tricky. The first port part of the sentence, but we don't have facts.

There's nothing that we can do to address that first part. So then I think with the second portion, we're able to kind of justify it that way. Right. That's how I felt. I agree. Okay. All right. Do I have a second? And um that was David. And um uh all in favor raise your right hand and say I. I.

Uh all in opposition, raise your right hand and say nay. Motion for finding a fact number three is approved. In finding a fact number four, the location and character of the proposed use, if developed according to the plan submitted, will or will not 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 Equena and its ordinances because I move 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 Uquay Bina and its ordinances because the home will continue to function primarily as a residence.

Any discussion? Do I have a second? Second. All in favor raise your right hand and say I. I. All opposed raise your right hand and say nay. The motion for finding of fact number four is approved. The petitioner has been advised that the burden of proof and evidence upon submitting such application is the responsibility of the petitioner. Such proof and evidence presented must demonstrate that the required findings of fact have been met. At this time, do I have a motion for special uh use permit BOA SU 202601? Um, do I have a a motion that it be approved?

Motion. Okay. Do I have a second? Second. All in favor, raise your right hand and say I. I. All opposed, raise your right hand and say nay. Nay. All right. And the motion to extend BOA SU 202601 passes. And at this time, the magical hour of the evening, um, would anyone like to propose an adjournment? Come on, Chris. We do I have a second? Second. All in favor raise your right hand and say I. I. All opposed do not raise right raise your right hand.

That's right. The meeting is adjourned.