obscure the window Right, and I understand that this is the first time around. Um, and you guys are just getting started So you're not sure you don't know if it would be necessary to rebuild the deck to support the additional load from the the The screened in porch It's entirely possible that all of that deck would have to be removed in order to reach to to put in the But you don't know that I mean, we have been told by two contractors we spoke with that it would likely need to be Mostly or all rebuilt. Yes Okay But I mean what we're looking for is to expand the footprint so that again We don't have the edge of the screened porch going right through the middle of the window Right or is there any way for you to accommodate? A screened in porch on this site in a way Since the deck likely needs to be rebuilt anyway In a slightly different location that would allow you to avoid this No build area No, I um Um Okay, that that's what you need to prove that that's Answering that question is really what this what this whole thing hinges on that. Yeah, I understand There's no there's no other option if you built Straight out from the I mean unless it was unless it was two feet Wide and there's that's the only back door. So yeah, there's one back door And then to the right of it is as a wall like which is the kitchen window and Nook breakfast nook and if we would have to we would have to We would have to I don't see any way to build now. We would have to take out the windows We would it would have to change the structure of the house. We would not want it That would that would require taking down a back an entire back wall restructuring our kitchen That's not something we would Be ever be able to do Okay, um Thank you. I I I I want to make a note to the chair, but I'll I'll do that later. Thank you All right, any question any other questions for the applicant I think I heard the applicant say there were other pictures. Is there a reason that We haven't In them or they weren't a part of the packet. Oh staff had not received any pictures v email From Pamela. Um, I just double checked On my email. I I did send pictures to you and to um Eliza At some point and I can resend them, but we I definitely had a discussion With either you or Eliza where they said oh the pictures are very helpful. So I can Look those up again I mean at this time they would they would be they weren't spending time So I don't know if they'd be considered Because they would they would the board wouldn't be speaking now as well as the Can I show you this picture, please? So we can we've waited many months for this and I'd like to just have the opportunity To show you a picture of what it looks like so you can envision so can I Can I have my screen put back on we actually? um don't allow applicants Um to share screens, but um, no, no, I'm not asking to share my screen I'm asking to show you a picture that's on my phone So that we don't have to go through months more of Red tape Yeah, your your screen is actually on your camera's on. Oh, okay. I can't see but I'll let I'll let the chair make that decision Um, if you want to Unfortunately, it's why I'm in like we would all need to like be able to see it. Um, you know, usually this all of this these items are um You know, we have a packet that would be included with all you know, so well You know, we really It's really hard to see and and to make out because it's so small on our screens and we'd really need it before Um, so I so this is just so you know, this is from an email I sent to Eliza back in May and she and she did receive this picture So I'm sorry to hear that it didn't make it into your packet, but I don't think that's from any neglect on my end um, there's a whole email thread with Eliza where I sent these pictures um miss Monroe and um, that she then transferred it to coal and There's more pictures and so I'm frustrated because I've tried to do everything possible to provide the information Pay the $900 etc to have this reviewed I completely understand um I'm sorry. So It's actually it was actually included in another It was actually I believe included in part of in part of an application that was with the survey so I think the survey actually may include the pictures um Actually, I think this is a different property, but I don't I don't I believe Um, miss Blamon is there is there air conditioning unit near that window that you're referencing Is there an air conditioning unit? I just I just don't know this the exact the right power now to make sure Is your house yellow that's Okay, I think I I'm gonna screen share this with everyone and just just let me know Um, these are the right pictures. Um, just give me one one second please. Thank you I'm trying to I'm trying to open it. Um With a different I'm gonna I'm gonna have them open. Um, I'm trying to enter these in presentation mode, but it's it's giving me a hard time Um, but if I can zoom in if you guys need me to Just let me let me know Is this the correct picture? It is not Okay So this then I do not have photos from you guys. Um, I looked through my email and I don't I don't see any photos that were sent to me um Okay, so I guess it got Somehow lost in the shuffle of emails with Eliza, but I definitely have sent pictures before Per her request. I do a I like I don't know if you can see my screen right now But this is an image of what it looks like All right. Ms. Wyman, if you don't mind just uh Forward that email again to um, you know the folks Um to to call and we'll we'll get that we'll get this settled but Uh, if you're able to do that Yeah, of course Of of what you sent Eliza All right, um any other questions while she is doing that any other questions by the board that Yeah, I have a quick question. Would it change the landscape any would you have to remove any trees to extend the deck? Not I mean we could extend it probably like a foot or two to to widen the deck Oh to widen. I'm sorry. Do you mean to move it into this buffer? No To follow your existing plans what you're asking for no no trees would need to be removed. Sorry. Yeah, no trees But it sounds like it may you may Have to remove trees if you went out further away from the house So you were going to say I'm trying to I mean, we don't need a big Expansive deck like this deck is very small. We're fine with it being small We just want to extend it a couple of feet, you know because of this window thing If we instead went vertically Meaning like I think you called it northeast or what have you then we could probably go another foot or two I don't know if we would opt to do that, but um, I don't know if it would be worth it But we would not need to remove trees going either direction with the modest Plans that we have Mr. Ritchells So you you mean like plans like not documented Text plans drawn out and plans in your head Plans in our plans in our head. I had the impression via conversations with Eliza that we were not required to have actual drawn-up plans and we didn't want to necessarily spend money on those Without knowing if it would even be a possibility to do this project Well for myself To determine I mean all the factors I are okay in my accept for the you know, the spirit and purpose and intent For the safety of the public because it's a A buffer I think it would help you to have Even a sketch of how this deck is built To support putting it in the buffer Um, you know, that is the the subject here.  Um, what kind of footing things like that In This buffer and I know the house was built before it. Um, it was adopted, but um, you know It is what we have now. Um, and that's My take on this And so the the picture, thank you so much for your feedback The picture that I did send to miss, um, Monroe that I then just forwarded Minutes ago to coal Does show the back of the house and I do have of you know a drawing of A one potential Small screened porch that I can forward. I was not told that I needed to Provide that in conversations with Your folks, but I hear you now Chair Rogers, I am going to attempt to share the picture if you will bear with me just a moment. Thank you And I think the reason it was missed is because it wasn't sent as attachment It was sent in the body of an email Um, so I think it was missed because it was included in the email and not sent as a separate attachment Okay And generally we don't we can't include the whole email Um, the message record because you know back and forth between people and message Yep, uh, just just for the record, I guess Do you have an idea between the deck and the end of the house there? How many feet that would be so it's six feet. Is that what you were saying? Yeah, the current deck is 12 feet square. It's very it's small. I mean it's 12 feet by 12 feet Okay And even if we can just extend it past that window I don't know if you can see that I mean she drew a red line there. It was that's the end of the house But even if we can just extend it past the window Um, because we would love to not have the pole right through the window So with the end of the window if it can go past that that will be great too All right, does uh, does this photo help any of the board members? This is meadows. Um, I think it is helpful to understand that the request As I understand it right now that the hardship that we're dealing with that the applicant has Is that they have this deck and They want to put a screen in porch on the deck And in order to put the roof Structure necessary for a screened in porch on the deck. It's got to have an upright. It's got to have a post and Because the deck is where the deck is The post would be in front of the window and they don't want that they would prefer not to have that and so They're requesting to extend the deck So that the post for the screened in porch is not in front of the window So that that makes sense and it's understandable. It's very helpful to have the picture To kind of explain, you know, what was going on through the course of discussion There was the possibility or at least the suggestion that it is it could be workable To extend the deck By less than six feet And reduce the impact in the no build buffer and still allow these folks to to You know have the screened in porch and overcome the hardship that they're facing You know, it would certainly be Easier for me to approve a reduced extension into the buffer Then it would be a six foot extension I will say that, you know, it sounds to me like the deck needs to be rebuilt anyway, uh, and so That seems like it opens the realm of possibilities for how A screened in porch might might be accommodated in ways that that don't require any extension into the buffer But, you know, we don't have those plans so that's not anything we can can can ruminate on Speaking for myself, I'm more comfortable Having the picture is helpful. I understand the issue The question now is, you know, does Avoidance of a post in front of the window rise to the level of a hardship or not? And I think that's really the question If it does then, you know, moving the post To the north northeast, whatever That might solve the hardship. Is there a way for that to happen? And minimize the impact on the buffer in accordance with the spirit of the ordinance I think that's the question on my mind right now And how we You know, is it I understand these people have been waiting a long time. I understand the frustration. I understand the red tape I get all of that At the same time, I have asked other applicants for variances to produce Information for the record so that it's on the record what what we're approving. Um, and I am going to hold to that That approach or that method of operating in this case If if it is possible to get some additional information or explore deeper the possibility of a reduced Extension into the buffer. Um, I'm more I'm Able to see how that is more consistent with the udo Um And you know, if if I was asked to vote on what we had before us today I would have to vote no because I don't think there's enough information on the record about what we're approving I'm mr Regulus Got you on mute. Good sir Jessica. Thank you for that photograph Um And I see very clearly now what you're trying to do and that is really helped me Um Make the decision and I'm for and for this variance um, and um, you will definitely be You know dealing with inspections department on how you can go forth with that but I think uh, it's consistent in the spirit and uh I have any problem with it Uh anybody helps? I'm sorry. Can I add one thing? I'm sorry to interrupt. I did find a very preliminary sketch of What a screened porch could look like and I just forwarded it via email to coal and I know it's late to add things but um If that's helpful to bring up another picture then we have that Yeah, I think right now we can't we can't take that in right now. Okay. Um, is there anyone else? Let me just make you guys Oh, Micah So my question is if we were to approve this could we approve it to say something like up to six feet which would allow them the flexibility of Bring it in to mr. Meadows suggestion once they actually got with a contractor or Whoever's going to help them do it so that they have some flexibility to maybe not go the full six feet, but Or is that always the case? Yeah, we would it would be up to a certain Okay Um That's question. Uh, all right. Anybody else having thing? Uh, all right. Uh, is there anybody else here to speak in favor of this application? Seeing none. Is there anyone here to speak against? Uh, miss little do you have something you'd like to say? Um, it's am light I'm sorry to lie. I apologize. It's okay. It's that's mistakes been made before I'm I received a letter about this. So I am apparently close enough to be adjacent My property is actually located in winstead, which is across the street and beyond um from the property I appreciate what mr. Meadows and mr. Richelis have said about concern and um The army corps of engineers and the city of Durham has have learned a lot about storm water runoff since that house was built um That stream adjacent to their property runs in a culvert under the street To wetland that is between loch nora and winstead um The culvert carries that water And that wetland fills during storms such as tropical storm elsa that came through on july 8th of this year Additional runoff might disturb the trees might disturb the shape of that stream And construction may cause additional problem as people are in that area as the deck were rebuilt and the screen ports were added I'm concerned about downstream impacts to other properties in loch nora to my property and further down in Carolan woods, there's another property another construction going on on the other side of randolph road There's a lot of development in this area and that concerns me so If it were approved I would like to know how many trees are going to be disturbed Whether any of them are likely to survive Um, can the homeowner homeowner be required to plant additional trees? And what is the siltation sense requirement during and post construction? All right, um Ms. Wyman, do you have any rebuttal you this this isn't a usually doesn't go back and forth But there the applicant does have the chance to provide address those concerns and provide a rebuttal Thank you. Um, as we stated a couple times in our The meeting here. There are no trees that will be removed whatsoever. So that's not a topic that needs to be considered And We've already added more, you know another tree to the anyway I don't understand the concern with that but as we said, there's no trees that would be affected There are no trees, um on on the remotely in the area that if we were to extend that's a two feet To go to the window extended even two feet just so it's not Crossing the window if you look at the picture Then there there will be no trees to be removed. There are no trees Yeah, um the the trees that are there are in the back of the house in the backyard or Really just along the along the creek, but we that we won't touch Mr. Ritchals Hi, yeah, Pamela and Jordan is the deck going to be consistent with the elevation Of the existing deck you have now you're just kind of extending it over above grade even with the Um level of your living space Is that fair to say? Yeah, I would be happy to do whatever is recommended that Makes the least impact on the impervious structure We're happy to do whatever is recommended by the board and by the powers that be Okay, well it If we do grant this you'll be Expected to get with the the inspections department and they were they're a fine inspections department and they will help you along the way Right, that's what I mean. I mean if if we were to do this Then we would absolutely do, you know, we're learning and we would do what's recommended. We're not looking to You know increase any problems for anyone Okay, thank you All right, uh, any anybody from board having further Thoughts all right I'll provide a few I think this this house is already encroached going to the to the edge of the house. I don't have a problem I don't see a problem with that. It's not impervious uh Materials or surfaces there So, um You know we're talking six feet to the end of the house um I understand the hardship here and I think the hardship Was created uh well after this This house was built and it was due no fault of the homeowner. Uh, those are my Those are my thoughts Anyone else so I don't I don't have any concerns. I'm not concerned about the the runoff either Does anybody else want to provide anything? I would agree. This is a unique situation Um, and I also agree with you that it's it should not and likely will not affect the runoff situation Thanks Anyone else? All right. Does anyone want to offer a motion? There is no staff recommendation on this I'd like to make a motion to grant application. This is retros with conditions I I hear by make a motion the case number b2 1 0 0 0 2 8 an application for a variance from the 10 foot no build setback property located at 3820 Lucknara parkway has successfully met the applicable requirements to the new pie development ordinance and is hereby granted subject to the following conditions That the improvement shall be substantially consistent with the plans and all information submitted to the board as part of this application we have a Motion for approval for this variance by mr. Rex is there a second? jeter second I'm miss jeter Jessica take it away Rogers I forgot to call the seating for this. I'm sure you all know, but it will be kip meadows rogers wretchless jeter major and bouchain All right So kip Yes Meadows Yes Rogers Yes Wretchless Yes Jeter Yeah Major Yes Bouchain Yes Motion carries seven to zero approved I vote of seven to zero your request for a variance has it been approved. I appreciate your patience Understand this is kind of a weird process and the quasi judicial is a little strange Thank you for coming for the BOA. We wish you the best of luck. Thank you so much for your time all right Well, that was that was good. All right. Um, do we want to continue the next case? Do we need a break? How was everybody feeling? Hour three we've got one two three more cases We will only have two more because well, I like you're correct chair That's okay. All right. Well, let's go ahead and call the next one. We'll see what we can do after that All right. Our next case is b 21 00029 a city case A request for a minor special use permit for a daycare in a residential zoning district The subject site is located at 82 kimberley drive is owned residential suburban 10 or rs 10 Is in the falls of the new jordan lake protected area Watershed protection overlay, which is fjb and in the suburban tier The case has been advertised for the required period of time Property owners within 600 feet have been notified and notarized affidavits verifying the sign posting and letter mailing are on file The seating will be kip meadows rogers retch list jeter major and buchane All right. Thank you. Jessica Everyone who plans on giving testimony wanting your camera on and i'm looking here. I think we've got everybody so if you don't mind raise your right hand Do you swear or affirm that the testimony you'll give today? biker, I think we you're missing out of the camera. There you are Um Do you swear or affirm testimony you'll give today is the truth and nothing but the truth will come through here, uh, calcy yes kevin, yes uh Uh, I will not be testifying today. I will be speaking. Um, but uh, we are it looks like we are waiting on a jarvis martin He is going to be one of our witnesses as well Okay, uh, so you're not speaking today Well, I will be speaking, but i'm not testifying as a witness It's our Mr. Chairman and members of the board. This is my one of our colleagues new attorneys at morning start a law group and I wanted to let her Uh, take a run at the board of adjustment with this, uh minor special use permit for st. Stephens At physical church down in home valley. Uh, I told her you were all a very nice group of people So I hope you'll live up to that standard And uh, really appreciate your time and uh, marie just for the heck of it. Say say yes Uh biker Yes, uh jarvis. I do you swear that the testimony you'll give today is the truth and nothing but the truth Yes All right, uh jarvis. Do you consent to this a remote meeting platform? Yes, kevin Yes, calcy Yes biker i'm patrick mr. biker yes Uh, marie. Yes. All right. Thank you so much. Um Who has this one? It's me again. Oh cool. There you are. Sorry It's all yours. All right morning um cold ranger represent the plan apartment game um playing staff request to the staff court non-material submitted the public hearing to be made part of the public record with any Any necessary corrections is noted Noted. Thank you Case b 21 00029 is a minor special use permit for daycare in a residential longer district The case area is highlighted in red. The site is in the suburban tier zone residential suburban rs 10 Is in within the city of germ jurisdiction Um, the existing use is right now is the church and the preschool Um St. Stephen's Episcopal church, sorry if that's not pronounced right corner an applicant proposes to continue the existing uses a place of work in preschool With the addition of a daycare use The daycare is offered to preschool students who need full-time daycare instead of the half day provided by the preschool Um, these properties are on residential rs 10 And located in the suburban development tier for unified development ordinance section 5.1.2 A daycare in a residential zone district is allowed with improved minor special use permit The preschool will be run by the church and it's considered an intensification of the existing place of worship use Staff will be liable for questions throughout the hearing process Um, just to clarify, um, there is no exterior changes They are just adding the daycare use to the existing preschool basically an extended extended hours All right, uh, any questions for coal before we hear from the applicants applicant Stand hearing none. All right. Thank you. Um Mr. Becker, do you have this one? I'll let marie handle this one. Uh, she's got her outline teed up and she's ready to introduce our witnesses and We very much appreciate y'all's time again on this on this item. Thank you, marie. It's all yours Thank you chairman roger's a member of the board like patrick said. My name is marie farmer I'm an associate attorney with morning star law group here at 112 west main street As patrick also said, um, we represent state stevens a physical church Who owns and operates place of worship in a preschool on about 11 acres on kimberley drive? And we're here today to request a minor special use permit for st Stephen's preschool Which has been at this location for over 50 years so that it can offer students full days of care As opposed to half days that the preschool is currently offering At the outset, I would like to ask that exhibits a through c Relyed upon or referred to by our witnesses including the staff report and any attachments Be moved into evidence and that our witnesses Uh be tendered as experts in site engineering traffic engineering and real estate appraising Based on the exhibits a through c, which are the resumes of each of the experts Thank you Thank you So just to give a little bit of background uh the building that houses the preschool was built in 1977 And operated for several decades before the udo was adopted in january 2006 The building is zoned residential suburban 10 and has about 3,552 square feet of classroom space and a fenced in playground that is approximately 29,568 square feet The only modifications that will occur to the building are the addition of four doors So that each classroom has external doors to the fenced in playground and this is required for state licensing Uh no other modification to the current structure or landscaping will occur And to address the required findings for a minor minor special use permit under the udo You'll hear from our three witnesses today that the proposed daycare is in harmony with the area There will not be substantially injurious impact on the value of the properties in the general vicinity of st Stevens There will be no adverse impact on public health or safety And the proposed use will be in conformance with the review factors Under the udo and the special requirements for limited use as applicable to this use as a daycare facility And these issues are going to be addressed by civil engineer kelsey westwood Who is a professional engineer licensed here in the state of north carolina? Kevin deem pe a traffic engineer who is also licensed by the state of north carolina Who has 10 years of experience specializing in traffic operations and traffic engineering? And then finally you will hear from real estate appraiser jarvis martin Who is a state certified general appraiser with 45 years of real estate appraisal experience? Based on their testimony, which is going to provide competent material and substantial evidence Which will show all of the applicable standards of the udl We will ask that you approve the minor special use permit application for the daycare And with that I will turn it over to kelsey Thanks Marie Um, hello. I am kelsey westwood hall. I'm a civil engineer with kimmy horn. Um, I've worked at kimmy horn for five years and have Um, been working as a civil engineer for seven years Um, I have a bachelor of science in civil engineering from virginia polytechnic institute and state university And am a professional engineer licensed by the state of north carolina Um, st. Stephen's preschool has been in operation for nearly 50 years and has not encountered any concerns with compatibility in the surrounding area Uh to convert the existing preschool into a daycare The only proposed modification to the building is the addition of external doors to the fenced in playground In accordance with state licensing requirements. The subject property is zoned rs 10 as marie mentioned Um, which allows daycare use with an approval of a minor special use permit The lighting and signage on site will comply with standards outlined in the unified development ordinance And all utilities to serve the building including water and sewer Are existing on site and will remain unchanged with the conversion from a preschool to a daycare Um, the existing structure had to meet the then current standards in place at the time of construction But since there are no changes or increases proposed to the exterior limits of the structure or to the existing property And the site is bordered by rs 10 parcels There will be no change to the existing setbacks project boundary buffers Tree coverage or concerns with environmental protection of the site from the originally approved plan Since the daycare is an extended use of the existing preschool, which is compatible within the existing neighborhood The proposed use is appropriate and compatible in design scale and relationship to other uses in the area Additionally, there's no significant increase in noise or odor beyond the existing conditions as a result of this proposed minor special use permit The existing use of st. Stevens as a place of worship in preschool and the proposed use as a daycare is appropriate for the rs 10 zoning district And meets the intent of the unified development ordinance with a minor special use permit The outdoor place-based far exceeds the required hundred square foot per child as the playground is approximately 29 568 square feet and the daycare anticipates 65 to 80 children, which equates to over 300 square feet per child The playground is also surrounded by fencing that is at least four feet high and is fenced in accordance with the standard set forth in section 9.9 of the udo There will also be at least 35 heated square feet per child as required by section 5.3 of the udo Because the total classroom score footage is approximately 3552 square feet, which equates to 44 square feet per child In conclusion and in my professional opinion approval of st. Stevens application for the special use permit for this educational facility is in harmony with the area and there will be no Adverse impact on public health and safety All right. Thank you. Kelsey if anyone has any questions for Kelsey. Um, she is available. If not, we will turn it over to Kevin Any Questions for the witness All right stand up go ahead Morning, my name is Kevin Dean and i'm also a civil engineer with kimmy horn at 300 more street in Durham We got a bachelor's degree in civil engineering from nc state and i've been performing traffic analysis with kimmy horn For the last 10 years And and i am also a professional engineer In the state of north carolina Our team has noted special use permit that would allow for the daycare In conjunction with the preschool is not anticipated to result in an increase in either staff Or children and students on site Based on that we're not anticipating any Increases over the course of a day in trip generation associated with a special use permit There will be some shifting of traffic across the day as some students are leaving later than they do today But the institute of transportation engineers indicates that that total entering and exiting Site traffic volume would be less than 30 trips If all of those uh, if all of those students left at the exact same time in the traditional peak hour So based on that minimal volume of additional traffic It's my professional opinion That approval of the special use permit would not cause undue traffic congestion or create on-site queuing issues The daycare use is not envisioned To include changes to site access circulation or parking As adequate parking and access are already provided for this use And since no transportation related changes are proposed on-site Is also my professional opinion that approval of the special use permit will not material in danger The public health or safety and will not impact safety for vehicles including emergency vehicles Circulating on-site. I'd be happy to answer any questions you might have Any questions for mr. Dean All right, and so with that we will turn it over to Jarvis Martin Good morning again, mr. Chairman members of the commission Uh, you heard from my meeting twice today in terms of my qualifications That being said in your permission, I'll go straight to my testimony At the request of the applicant, uh, I have reviewed the closed site plan Visit the site and the surrounding Area, which is primarily residential homes Given the fact that this establishment of this operation has been in existence for many many years In this location looking at Sales of the rates for homes are going to have my radius of the subject property And then looking at homes beyond that have my radius It appears that market data definitely support the fact that this Facility has had no impact on the surrounding of properties over the many years that has been there Given that to be the fact and the fact that there is a substantial amount of vegetation Between the playground and the adjoining neighborhood And that the ingress egress points are not changing in terms of traffic It is my professional opinions that the 16th facility is in harmony with the surrounding area It will have no adverse impact on market demand and for values and that this proposed use of a daycare facility already existing preschool will be in harmony and with that being said is my professional opinion that The grant of this special use permit will have no adverse impact at all on the surrounding properties And I'm open for questions any questions for mr. Martin All right All right, thank you. We would just ask if there's any opposition that would like to speak before we conclude Is there any registered opponents to this case? Do we know if anybody here seeing none hearing none? There is none sir All right, thank you So at this time we would like to move into evidence all exhibits relied on are referred to by the witnesses Including the staff report and the attachments all right, thank you, sonata and Just to summarize as an applicant We had the burden to submit competent material and substantial evidence into the record Showing that our proposal meets all the requirements of the udl for approval of the special use permit based on the review factors found in 3.9.8 a and b and the limited use requirements for daycare facilities found in 5.3.3 We have met this standard based on the testimony you've heard And therefore we ask for approval of the special use permit so that state Stevens Can provide full days of care to its students at the preschool as opposed to half days And again our team will be happy to answer any questions if there are any. Thank you Thank you. Uh, any questions for the applicant or any of the witnesses, uh, mr. Rexlis I yes, uh, can someone tell me is the Um amount of children going to increase on that site once you extend the hours I believe Kevin can address this. Um, he has all the numbers It is not expected to increase no sir So the the expectation is that some of the students who attend St. Stevens for the preschool will just shift into the the full day or a longer day Of daycare, but the total number of students or staff is not going to increase Gotcha. Is there any kind of loud speaker system outside of this? That's you know loud No, there is not And uh, mr. Dean on the service entrances, uh, is there going to be any change to trucks Coming in there to drop off goods or anything? No, sir. Not that i'm aware of Thank you All right any other questions for the applicant or any of the witnesses All right, um Cole do you have a recommendation for the board? Yes, uh, staff recommends approval. Um with in accordance with everything that was submitted at this meeting Okay, we've got a recommendation from Staff is there any discussion? And if not would anybody like to offer a motion I will I hereby make a motion that application number b 200 00029 An application for a minor special use permit for daycare in a residential zoning district on property located to 82 kimberley drive Has successfully met the the requirements of unified development ordinance and is hereby granted subject to the following conditions The improvement shall be substantially consistent with all information submitted to the board as part of the application We've got a motion for approval by miss, uh, boshane. Is there a second? hip second second by mr. Kip Jessica take it away kip yes Meadows yes rogers yes wretchless yes jeter yeah major yes mbushane yes Motion carries seven to zero approved Vote of seven to zero your request for a minor special use permit has been Approved we appreciate you coming for the boa this morning and wish you the best of luck Thank you. Thank you very much for your time. Good day. All right. Um, we need a break anybody want to break? No, yes continue 10 minutes 20 minutes. What do we want? Brought it new we only have we've got two more cases I would like a minimum of 15 minutes, please Okay, is that is that worth for everybody else? 15. All right, so I've got 1202. Let's just do uh 12 20 18 minutes is that I think that'll be good We'll return at 12 20 Um, as we return, this is chris pierson from the playing department. I have two robert the wasky the waskins Um, as if there is a second Um, I think I see probably the real robert on here Um, you know whom the other person may be No, I don't Are you signed in on two different devices? All right. Um, yes, that's my wife janet. Sorry. Oh, okay. All right Looks like we May have everybody back All right, uh, just won't you like to call the next guys? Sure. This one has a correction to the agenda. This is a county case b 21 000 30 A county case is a request for a variance from the street yard setback The subject site is located at 345 continental drive is zoned rural residential rural Is in the eno river protected area water protection overlay or eb and in the suburban tier This case has been advertised for the required period of time property owners within 600 feet have been notified And notarized affidavits verifying the sign posting and letter mailing are on file The seating will be Kip meadows rogers wretch lists jeter major embouching Thank you. Thank you. Uh, all right. So we'll do the uh, we're swearing in right now So anybody who plans on giving testimony if you'll raise your right hand Uh, do you swear or affirm that the testimony you'll give today is the truth and nothing but the truth? Uh, robert Yes Janet Yes, it must be in the same room, huh? Um, and do you consent to this remote meeting platform robert? Yes Janet one more time Yes All right. Thank you. Um, Eliza does this one yours? Yes, it is. Um, good afternoon everyone Eliza Monroe representing the planning department Planning staff request that the staff report and all materials submit that the public hearing to be made part of public record with any necessary corrections is noted So noted. Thank you Thank you Case b2 1 0 0 0 3 0 is a request for a variance from the street yard setback requirements The applicant and property owners robert dwoskin and janet dwoskin and the subject site is located at 3 4 5 continental drive The case area is highlighted in red on the screen The site is zoned residential rural or rr and located within the eno river protected area watershed protection overlay district and within the suburban development here As you can see in the aerial the site area is currently vacant and covered in trees and shrubs So i'm going to actually go two over um So per section six point two point one a of the unified development ordinance The required street yard setback for a single family dwelling structure in the rr zoning district is 50 feet The applicant is proposing a reduction to 30 feet in order to build a single family house Which they believe will be consistent with the size of the homes within the neighborhood And they also hope to have this setback in order to Avoid the existing 50 foot stream buffer and 10 foot no-gold setback that's located towards the rear of the property The site is located in the eb watershed protection overlay as we've noted here and although there are not specific house designs And they were not submitted at this time staff would like to note that per udo section 8.7 point 2 b point 1 There is a maximum impervious surface limit for the lot And that would be a 24 percent impervious surface limit So when they go through the building permit review process, they would have to stay below that And also staff would like to note that for those of you that were with us in 2019, you probably recognize this site and or These drawings This was a case this was previously submitted and we did hear this back in 2019 under b 1 9 0 0 0 4 0 The previous permit has unfortunately expired And that is now considered null and void. So they had to come back in order to Have that approval or potential approval done again since that a permit is expired pdio section 3.14.8 Establishes the four findings that the applicant must make in order for the board to grant a variance These findings requiring approval are identified in the staff report and the applicant's responses to the findings are identified in the application Both of which are within your packet and staff will be available for any questions as needed during the hearing process Thank you a lot. I'm sorry. I'm gonna go to the screen. That's showing the proposed Okay, any questions for Eliza before we hear from the applicant? All right. Um Well the applicant might come forward which Okay, that would be me Yes Not really much to say the this application for this variance was submitted in 2019. It was approved in october and because of we we had two years to develop a building permit and submit it and have that approved And because of cove it is we we actually pretty much locked down for a year and a half My wife and I are both in our later years and we had a pod with our our family our daughters and and we Pretty much did not go anywhere for a year and a half. We did have we did have a tackle engineering come out to look at what could be built on this site and and we also contacted a custom build Company and they came out and gave us some ideas and and gave us some proposed drawings and some proposed Plans to build a house there, but because of cove and we really just never got going on it so because the the permit The variance expires And we've learned that there's no way to get an extension on that We were told that we need to apply for a new one. So essentially this is the same packet that we submitted in 2019 And if there are any questions, I'm happy to answer them. All right. Uh, any questions for the applicant? Um, I I have one mr. Chair I I'm just wondering I I see on the exhibit that there's a red outline. I assume that's the building footprint that you would be anticipating Would you And I understand this is speculation I'm just asking If you're anticipating that this red outline it would include any additional deck Or patio or anything else that would need to be built And could potentially extend into You know the the 10 foot no build or the riparian buffer I don't know if you've given that any any thought or or have any thoughts about that question uh, no because the We This this is a really unique area this this lot border is the unistate park And uh, we're very much on a semi retired biologist of 35 years human health risk assessment and and We are both very active and preserving natural habitat So we're very concerned about Having anything that would really disrupt The the habitat or either would impact the stream in any which way. So that's why we We're asking for the variance from the the road Um, we're interested in having minimal tree removal We'll probably you know, we were looking at a net zero energy. We currently have A geothermal system in our house. So we're we're going to be very sensitive to anything that might disrupt the natural habitat As far as whether a deck gets put on or not It just depends on on what the house plans are but you can see in the In the picture there, it shows The the narrowest without the setback The depth of that lot is 17.4 feet In the narrowest part of it. Uh, so we're asking for this 20 foot um, this reduction from 50 to 30 to 30 feet so we can have 37.4 feet of depth to build within and that's that's adequate for For lin ice or other kinds of things that we could have within that footprint, but right now. No, I I I I would not be able to say exactly what the the house plan would look like Thank you Yeah It is on the it is on the left side because the right side is fairly steep. So we do need to to have it in pretty much Where it is right there All right, any other questions for the applicant? All right, uh, Eliza, would you mind stop sharing for a moment? all right, uh Is there anyone else here to speak in favor of this application? Is there anyone here to speak against this application? Seeing none No one signed up in opposition. All right. Um, discussion thoughts Does anyone want to offer a motion? I hear by make a motion. This is retulis that an application number b2 10030 requests for a variance from the street yard setback requirements on property located at three four five continental drive has successfully met the applicable requirements of the unified development ordinance And it's hereby granted subject to the growing conditions That improvement shall be substantially consistent with the plans and all information submitted to the board as part of this application All right, we've got a motion for approval by mr. Retulis. Is there a second?  Yes kip Yes Meadows Yes Rogers Yes Retulis Yes Jeter Yeah major Yes And buchane Yes Motion carries seven to zero approved Uh by a vote of seven to zero your request for a variance has been approved We appreciate you coming for the BOA this morning and wish you the best of luck Thank you very much. Thank you The next item on the agenda has been removed. It was a case 31 at the end. We're going to move on to the last case And Jessica would you like to call it? Our next case is b2 10033 a city case A minor special use permit request to allow for increased height and expansion of floor area more than 10% of an existing non-conforming structure The subject site is located at 914 Oakland Avenue is owned residential urban 5 2 or r u 5 2 In the old west neighborhood protection overlay and in the urban tier This case has been advertised for the required period of time property owners within 600 feet have been notified and notarized affidavits Verifying the sign postings and letter mailing are on file The seating will be kip meadows rogers wretch less jeter major and bushing All right Uh, everyone who plans on giving testimony will need to swear again. So if you don't mind, please raise your right Do you swear or affirm that the testimony you'll give today is the truth and nothing but the truth? Mr. Black I swear Miss randall I swear all right and do you Consent to this remote meeting platform miss randall. Yes, mr. Black. I do. All right. Thank you so much. Uh, coal is this one yours? Yes, sir Good afternoon. I'm cold renegar referencing the planning department Planning staff request the staff court normal material submitted the public hearing to be made part of the public record with any Nice way to corrections as noted. Thank you My case b 21 000 33 Is a minor specialty permit to allow for increased height and expansion of floor air and more than 10 percent of an existing non-conforming structure This area is highlighted in red. The site is in the urban tier zone residential r u 52 and zoom in the city of Durham's jurisdiction The existing use is a single family dwelling Um, john black applicant requests a minor specialty permit To allow for an addition of a second story two and an expansion of floor air of an existing non-conforming structure This results in a height increase in floor area increase of more than 10 percent There will also be a rear addition and a carport that meet all applicable udo requirements and do not require minor specialty for udo section 14.4 point 1 c point 3 Additions or improvements to or reconstruction of non-conforming buildings and structures shall require A minor specialty permit and less examined Additions must be consistent with the height of the original structure and can have up to increase of 10 percent floor area The pros and innovations increase the height of the building to fee and increase the floor area about 59.8 Resulting in the need for a minor specialty permit The existing structure is in the old Durham west neighborhood protection overlay udo section 4.6 point 6 Restricts the maximum height of a building to 24 feet That proposed structure is intended to be within this threshold and meets all other apical restrictions from the apical neighborhood protection overlay district Staff will be loyal for questions throughout the process All right any questions for coal before we move on to the applicant Hearing none seeing none. Uh, would the applicant like to come forward? I have one question chair rogers for coal Yeah, mr. Regis Yes, was is the carport Kind of what brought us over the limit Is that considered the structure even though it's not living space? So the carport is not um what brought us to the What brought us to the I guess being from was mainly the second story Um because that's increased. I mean right now it's not it's not finished So now that it's becoming finished it basically adds a dark story of floor area that wasn't generally calculated Living space. Okay. Thank you. Are there any other questions for coal? All right, uh, would the applicant like to come forward? Of course, uh, my name is john black. I'm the designer of this project I've been in residential design in in Durham for the past six years primarily with riverbank construction So plenty of experience working on similar projects in this neighborhood and neighboring neighborhoods So we're very sensitive i'm very sensitive to Respecting the you know the fabric of of what's there We're not trying to drastically change The appearance of the existing structure just simply adding usable square footage so that the house better suits Modern families that are moving into the neighborhood Um, as you can see on the site plan It's possible. Maybe if you zoom in a little more, but the addition that is proposed on the first floor Is is within the current setback requirements on the side of the lot Whereas the existing structure is over that setback requirement thus making this a non-conforming structure So we did our best to keep the addition within the existing setback And the second floor addition Is also not going to change the appearance of this house from the street a great deal As cold already mentioned we are proposing to increase the height by two feet And that's mainly to make it usable livable space upstairs But that existing single front dormer at the center of the the front of the house with the shed roof that will be replicated It will just be larger and the existing form of that Gable the main gable of the house is also going to be replicated just rebuilt Again two feet taller Um, so with that I am open to questions or comments Any questions for the applicant? Oh, mr. Riches. I'm sorry I didn't see you Mr. Black is uh, I'm not familiar with that overlay protection. Is that is anything Going to harm that overlay protection. Is that the city question? So the the large the largest concern with the neighborhood protection overlay is going to be the floor area ratio Um, the amount of heated floor area that is in the house compared to the size of the lot the square footage of the lot um, so if For example, if we were going to try to get this same amount of square footage in a single story addition Without altering that that roof structure We would eat up all of that surface area And we wouldn't we wouldn't be able to achieve it. So it made the most sense to go up to a second story Um and not take up more ground area on the lot Um and that by doing that that that's why we had to to rebuild the roof Understood All right, any other questions for the applicant, right? Um Cole would you mind stop sharing for a moment? And is there anyone else here to speak in favor of this application? Reminders, I should use I don't see anybody Looks like we have one person to speak against. Uh, miss randall. Do you have anything to say? Uh, yes, thank you I actually am in favor of expanding the house and I think it will bring good value and that'll be a good neighbor for that Mr. Black, my concerns really are about proposed driveway and possibly the carport And its potential impact on my property next door. I live at 912 oakland on the south side of 914 Um, given the existence of the utility poles between the two properties front and back um, the existing uh apron part of which is on my property Um, the side yard sizing which is quite small between the two houses Um, I have some questions really about the design. So I want to run those down um, a couple asks additional thought and then reiteration of It looks like a good design overall if I would like these questions addressed Uh, my questions are, you know regarding the side yard setback in the driveway Is the driveway which is essentially looking like it's being built on the property line And then the edge of the structure truly compliant My other questions are You know, will a driveway and a carport in the middle of the backyard fit within the historic nature of the neighborhood What is my remedy should construction or use of this driveway encroach upon my property line? um I would like to ask that If necessary have an updated survey I'm also a little concerned about where the placement of the gas lines are because you're talking about removing Your gas pack, but I still have mine out there. So if we put a hardscape over the gas line, that would be a concern And finally, um Would ask that you clearly mark the survey corners and clearly mark the driveway before pouring concrete Um, my one additional question really is about the backyard canopy. I understand the need to take out the tree Where you're putting in additional tree there is actually quite a bit of existing canopy So I think that could be problematic as far that canopy covers my backyard um And you know, I'm not looking for encroachment or easement here But want to be a good neighbor because I think having a Single family home with long-term family in it would be benefit to us all in the neighborhood That's it Um staff would like to mention that the car for and the driveway are shown. Um, they meet all the applicable uda requirements Um, so the variance isn't actually for those additions. Um, we just want to make the board aware of those additions Most of the concerns that miss randall had would most likely be addressed in The billing permit review as far as setbacks And um, those kind of questions as far as having an updated survey would be shown when this is put in for review Which most of those concerns, um, would be addressed during that time Um, and would show everything if Tom black would like to add anything that I didn't address or that miss randall brought up on The board, I mean, I guess the chair will allow you to to speak Would you mind just reminding us? What is that state? What is what's it the question before us? So the question before us is for um And a 10 addition of floor area. Um, that doesn't include carport or driveway That just includes the extra livable space. Um, which is basically the second story Yeah, um, and also mr. Meadows had a question. Yeah, uh, well, and that's um, you know that again, you know Board of adjustments quite quite a little bit different than most, uh legislative bodies. This is a quasi judicial Um, that we we are only really going to consider what the question is before us and not all this other While it certainly may affect, um, that's just not within our purview and um Chad do you have a question before I have okay, and uh, mr. Black you do have the opportunity to address and Providing revolts I will speak for the owner even though Some of what you brought up is out of my realm Because I will not really be involved in the construction process. However, I am acquainted with the owner and Could certainly put you in touch with the owner because I can say that the owner is willing to work with you as the neighbor to make sure that the whole process goes smoothly and that You know nothing detracts from your property or experience of your property during the project Like regarding the the tree that's proposed in the backyard completely flexible That you know, that's not something that I'm putting my foot down on it needs to be here I'm sure the homeowner feels the same way. We'd be willing to work with you on the exact location of the newly proposed tree um And as far as like the gas lines Obviously as Cole brought up during permitting and inspections um We wouldn't even be able to build without knowing where those lines are going and that everything is safe Um, so all that would be inspected prior to digging and pouring a driveway um the utility poles the light poles that are currently kind of between the two houses They are proposing to remove those Um, so if that's something you did not wish to see happen I'm sure we could talk to the homeowner about that But they're proposing to remove those to make way for the driveway and access to the backyard um and You're correct in assuming that the proposed driveway would go to the property line And then it would also go all the way to the the house Um, and that will give enough width for a car to make it by the house to the backyard And just let me know if I forgot to address anything else see From what I can see from the existing pipe the utility pole in front is actually on my property So I think there'd be need to be no more discussion there and also seeing what it's going to be replacing it In terms of water runoff You know, I'm curious about the design of this because there is so little space between the foundations of the two houses I understand your statement mr. Rogers about Boa's purvey But I also put it before you all that This part of the design is a substantial impact potential It should be considered Perhaps in the future if not for me You know one of the things I am concerned about is encroachment And want to make sure that we work this out. I understand this may not be the forum but that Is not, you know Obviously clear to surrounding homeowners where we can get these addressed as well. Thank you Things like most of these would be with you know enforcement issues as well. Um, you know, there should not be Any impacts Billing over but I totally understand your Concerns. All right, um anyone else All right, so this is a minor special use permit cold. Do you have a recommendation for the group? Um staff recommends approval. Um Consistent with everything that was submitted in the application to the board All right, we have a recommendation by the staff Discussion thought Now we're just at being asked about the extension up to the second floor and that was under our Purview at this moment. Is that correct? Yes, not that's correct wretchless Being where we're only going two feet beyond the standard I like the design I think it's fair to the neighborhood and I mean, uh, I'm for this It's, uh, NSP Anyone else? All right, does anyone want to make a motion Or further discussion? This is meadows. I will do it as soon as I get to the language. Just give me a second, please I hear by make a motion that application number b2000033 An application for a minor special use permit to allow for increased height and expansion of floor area more than 10 percent of an existing non-conforming structure on property located at 914 Oakland Avenue Has successfully met the applicable requirements of the unified development ordinance and is hereby granted subject to the following conditions One that the improvements Shall be substantially consistent with all information submitted to the board as part of the application Got a motion for approval by mr. Meadows. Is there a second? I'll second We're both showing second Jessica Yes Meadows Yes Rogers Yes Wretchless Yes Jeter Yeah Major Yes Ember Shea Yes Motion carries seven to zero approved Uh, vote of seven to zero your request for a minor special use permit has been approved. We uh Thank you for coming before the BOA this morning and wish you the best of luck Yep All right, uh, we're gonna move along on the agenda here We have no old business. I don't think we've heard any new business to be added We have that brings us to the approval of the orders We've got a few here And I've got a question for for want someone the b2 one the second one on the list 22 Is that from a previous? That's from last last month. Okay Uh, yeah, Mr. Chair, uh, christia kukura city attorney's office. That was the case. Um, the amazon wall And uh, the order is not ready for that one. So we won't be voting on that one today All right, so we'll need a motion that this we can make this real quick and but Usually in person. This is a little bit quicker, but so we'll need a motion and a second and we have to all vote Individually for each one of these on the first one b2 1 0 0 0 1 1 Chad, you're going to sit out on this one And so, uh, I need a motion Wretchless motion wretchless. Is there a second be any of you who sat in on this? Yep, second. Yep Okay, um, I'm not exactly sure if anybody was missing for that one I apologize, but I will call everyone but meadows that's here today. Does that sound right? Okay, so kip Yes Rogers Yes Wretchless Yes Jeter Yeah And then Um, who was the alternate? Do you know rogers? Natalie Oh, shame. I think I spat in on that one Okay, so I don't think I sat in on that one You don't think so? No, we had to have at least one, uh, alternate sit in on today So I believe Shane was on all of them. Yeah. Oh You were on that one Okay. Okay. Yes. Okay So that would be Six to zero What you got Brian was Tisha on that one Tisha Tisha voted on that one where she left So Vote on that. Yes, she did. We've had a we've had a alternate on all of these cases. We're missing a member Because miss delacy is no longer here. We've had an alternate for all cases Well, I know I know that uh, that she was there on that case. I remember I She voted on that case That's why were you mean 11 we heard today. So the one we're looking at today. So Natalie Oh 11. Yeah. Yeah. Yeah, that's me. Yes. Yes. I thought I thought you were talking about last one No, the it's the first uh case on the agenda for today. Yeah, that's me. Yes so without chad And with miss buchane filling in that would be six to zero approved Okay, so just so just so i'm clear Uh, there was one board member that left Yes, Tisha you left Tisha. She voted on that case, right? Yes. He did vote on the first five zero, right? And Okay, all right. So she did Right, and it was it would be five zero the motion would be five zero since she's no longer here and chad voted no So it should be five zero Okay, okay. All right. Got you. All right. Moving on. Uh b 2 1 0 0 0 2 5 This is a unanimous vote anyone can vote who wants to offer the motion Meadows move approval. Meadows. Who's the second?  Yes Yes, is that what you said? Okay. Yeah Kip. Yes meadows. Yes, rogers. Yes Wretchless. Yes. Why more? Is gone. So sorry jeter Yeah, in boushey. Sorry. I don't know why this is so hard every week Every month. Uh, all right. Uh, next one b 2 1 0 0 0 2 7 another unanimous vote who wants to take the motion I move that we approve here. Who's the second? Oh shang second Okay Kip. Yes Meadows. Yes rogers Yes Wretchless Yes jeter Yeah, in boushey. Yes Alrighty next one b 2 1 0 0 0 2 8 7. This is another unanimous vote But this one had opposition, right? So we'll come over that one. All right pull it b 2 1 0 0 0 2 9 unanimous vote again Who wants to take it? Wretchless Wretchless Meadows second So That's why more was gone by this one. Correct. Okay. So then we have kip Yes Meadows. Yes rogers If you say yes, mr rogers. Sorry. Yes Okay Wretchless. Yes Jeter Yeah Major Yes Boushey Yes Okay, so that was 7 0 ready The next one is b 2 1 0 0 0 3 0 another unanimous vote. Um, I think this did this one also have No, the last one had it. Sorry, um 3 0 Who wants it? Wretchless. All right. Sure Who's the second meadows jeter jeter All right, we'll go with jeter Kip Yes Meadows Yes rogers Yes Wretchless Yes jeter Yeah Major Yes Boushey Yes 7 to 0 Cool All right, uh 31 was postponed 33 had opposition. Do you want to postpone that as well? Krista Or is that a county that's a county case or city case? That's right Next month to approve that. I'm not getting it 33 postponed. All right. Our next meeting is Tuesday, august 24th, and we have a training on the morning of august 17th You probably got an email from just uh, uh was the yesterday. So, uh, nine to noon Nine to noon. All right virtual as well. So I hope everybody can change attend that just go you got some When is the date for the november december meeting? I don't have that on my calendar yet So we don't actually, um, Eliza Monroe planning so we don't actually have a november meeting that or excuse me Yes, a no november meeting. That's when we have our recess Um, and then the december meeting is actually the second tuesday of the month, which is going to be the 14th of december Thank you. So you have it off in november and then we have one the second tuesday of the month in december And at that december meeting we'll bring the calendar for next year for approval okay All right anybody got anything else? Uh, are we uh, ruchless are we we're going to continue to zoom I assume for the rest of the year Uh, from what I hear councils thinking about a hybrid options for stuff in next month Okay We actually need to have approval from city council to meet Right in person and so they're still working out the details of that and test running the hybrid first Thank you. All right guys one o'clock. What was that five six hours? I don't know four hours good Got done pretty good. Uh, looking forward to seeing you all then see you on the 24th Have a good one