Board of Adjustment - Regular Meeting

I got a login error. Did it go down again? No, I had a login error. It looks like it's okay now. There's a login error. It looks like we're okay now, though. Okay. All right. All right. At this time, I call a meeting to order. The July 15th, 2025 board of adjustment meeting for the town of Fuqua Verina is called to order. Everyone, please stand for the pledge of allegiance. Algiance.

I pledge to the flag of the United States of America and to the republic for which stands one nation under God, indivisible, with liberty and justice for all.

It looks like we have a quorum. Um, a board of adjustment meeting is a quasi judicial hearing, which is a time for petitioners to present justification for special use permit or a variance request and for the members of the public to testify in support of or opposition to the presented uh justifications. Quasi judicial hearings are unlike legislative hearings in that te witness testimony is limited to the field of expertise or to a party withstanding and not general public comments in support of or opposition to the request public hearing protocol. Any evidence presented tonight before the board of adjustment will become the property of the town. Anyone wishing to address the board of adjustment tonight will need to sign the public hearing signin sheet um and complete an oath form at the podium and be and you will be required to take an oath or affirmation by our deputy clerk. Um, at this time I would like to request that any of those who want to give te testimony tonight uh at the public hearing portion of the meeting come forward to be sworn in by our deputy clerk.

Please line up between the column and the podium and then face the podium. Sorry. Thank you. If you'll raise your right hand and repeat after me. I solemnly swear I solemnly swear

to tell the whole truth and nothing but the truth. So help me. God. Sorry. So help me God. For evidence presented evidence presented before the board of adjustment of adjustment of the town of Fquway Arena, North Carolina. A Vina, North Carolina. Thank you. You may have a seat. And now we're going to move into the approval of our minutes from the January 13, 2025 board of adjustment meeting. Um, has everyone had a chance to review the minutes? Yes.

Does anyone have any changes or corrections to the minutes? No. Do I have a motion? Make a motion. Do I have a second? Second. All in favor, please raise your right hand and say, "I."

I. All in opposition, raise your right hand and say nay. The minutes are approved from the January 13, 2025 board of adjustment meeting. All right. So, now we'll move into our public hearing portion of the meeting. Um, this is related to item 4A, special use permit extension petition for 8316 and 8320 Lake Wheeler Road, uh, for Christ Church in North Carolina. Um the purpose of this agenda item is to consider an extension of a special use permit um at which is BOA SUP 202401 at 8316 and 8320 Lake Wheeler Road by the petitioner Christ Church. Um is there any further information from the staff? The subject of this agenda is to consider the petitioner is requesting a one-year extension permit of the land ordinance by the adjustment on July 9th, 2024. The land development Section expiration sets a 12 month permit opportunity of the special certific. or if the project has not been

application shall be size and face development here tonight. Do we have any questions for the staff at this time? If not, will the representative for the petitioner for Christ Church please come forward and make your presentation? And when you come forward, please state your name, your profession, your address, and your address for the board, please.

David Boy, BY T. I'm a physician. My address is 430 Mickey Lane, Kerry, North Carolina 27513. Thank you, Chair Tart and board members uh for coming out and and and uh considering this um issue. I we appreciated being here last year and had hoped to make more significant progress by this time, but I believe we've run into several factors that really relate to all five of the factors that are listed uh in this section of of of the ordinance. Um from the time we began planning which was well before the special use permit there have been significant increases in cost related to material and labors etc. 40% increase over the last five years. Uh in addition to that, we are pursuing uh some some changes with the required road improvements along uh Lake Wheeler Road, which this type nine road otherwise requires uh by the land development ordinance uh road improvements. And uh there is a uh a clause in the land development ordinance uh amended uh just over a year ago which allows uh us to request some alleviation from some of those and we've been uh working with the town to request that and that's been an iterative process providing more and more information and has been a a bit of a more prolonged process than expected. um in order to develop a complete site plan. Uh the difference in the the costs that have been estimated for all of the road improvements that uh the land development ordinance spells out and perhaps what may be alleviated is a great difference and and would u make a difference in our phasing whether we would build uh more or less or not at all. uh as costly as those road improvements would be if none were alleviated or if portions of them were.

So from our perspective that's that's the next step we would like to u get answered going ahead and providing the town with whatever's uh requested in the meantime. Um so that's what we've been working on over the last few months and uh as they have asked for more information we've gathered that from professional estimators having our uh civil engineer uh rework drawings etc. Any other questions? Any questions from the board?

Um, at this time I'd like to open the public hearing portion of the meeting. Is there anyone who would like to speak in favor of the petitioner? Is there anyone who would like to speak in opposition to the petitioner? At this time, I'm going to close the public meeting uh hearing and the board will go into discussion. Does the board have any comments to make on the petition? No. Um, okay. Just just for well, just for clarification, they were given a variance to do this work, right?

And they want to extend the variance. So, they have a year to do it or year to start it. They haven't started it yet. So, they just want to extend it for and I didn't get that part. How long? So for clarification, it was a special use permit, not a variance. Right. I was going to Okay. Yeah. Clear that. Is that for another year? They're asking for one more year. Yes. Okay. That That's all I need to know. Thank you. Is Is there a limit on how many times a petitioner can uh request an extension for a special use permit? I do not know. If this were to come up again, those they would have to come back and ask you again.

Okay. And so while they're seeking this extension, while they have it in parallel, they're asking for the town's consideration to exempt them from certain road improvements. So they have submitted that. I believe it is being prepared for the August 4th town board for approval. So it's coming soon. Okay. Okay. So the town board has approval of the the roadway ex Yes. alleviation. So there is an allowance for um if the

frontage improvements required by the comprehensive transportation plan exceed I believe more than 35% of the site costs the site improvements then there is an ability for the town board to exempt him from those improvements and he said there's a 40% increase in the cost of construction right over a 5year period right it's not relevant to what you just said, right? That's something totally different. But yes, something totally different. Okay. Not unimportant, but but not relevant, right? But fair consideration as well. Right. Right. And that's the reality of the market and what's been happening. The market is hope it gets relief from the road improvement

that'll go right back into the cost of the extension they want to do. That's how they explain. Yes, that's explained. Okay. Okay. And so they're just asking us for an extension of time and another board will make the decision on whether or not they approve the Perfect. So how do we feel about an extension of time? Okay, we'll do. I think it's reasonable. Yes. Do I have a motion? I'll motion. Okay, I'll second. Good. Okay. And all in favor say I by raising your right hand. I I Can we state Can we state the motion real quick? It's on the screen. Sorry. Sorry.

Yes. I make a motion to approve the request to extend BOA SUP-24-01 as presented under the terms and conditions identified in the applicant's request um here tonight. And do I have a second? I second that motion. All in favor say I. I. I. All oppose say no. Raise your right hand and say nay. Um, so the motion passes and I believe that concludes our business for tonight unless there is another issue that we need to deal with. We will have an August meeting. We will have an August meeting. Do we have the date for that meeting?

It is the second Monday. Do you have that calendar pulled up? And that's usually our time is the second Monday, but there was another meeting last night, right? Town bumped everything. Yeah, it's August 11th. August 11. August 11. August 11th. Okay. Yeah. All right. So, if we are finished with our business, does anybody have a motion for me? I make a motion to adjurnn. Second. All in favor? I I All right. We're All right. Thank you so much.