Town of Holly Springs BOARD OF ADJUSTMENT MEETING MINUTES Monday, March 1, 2021 – 6:30 p.m.

Agenda Item #1, 2, 3 & 4: The Board of Adjustment of the Town of Holly Springs met for their regularly scheduled meeting on March 1, 2021 in the Council Chambers, 128 South Street. At 6:30p after determining a quorum was present, Chairman Marinko called the meeting to order.

Staff Members Present: Melissa Sigmund, Principal Planner Cheryl Caines, Planner II John Schifano, Town Attorney Linda McKinney, Town Clerk

The Board completed roll call.

Members Present: Jay Marinko, Chairperson Tim Forrest Cody Loughridge Morgan Wiley Elaine Crigger

Alternate Members Present: (Non-Voting) Jayson Green Christian Yungbluth

Members Absent: Vacant, regular ETJ

The Board recited the pledge of Allegiance and held a moment of silence.

Agenda Item #5: Agenda Adjustment

There was no agenda adjustment.

Agenda Item #6: Minutes

a. February 1, 2021 Minutes

Motion: Motion to approve the February 1, 2021 Minutes.

Motion by: Mr. Forrest Second by: Ms. Crigger Action: The Board of Adjustment voted in favor of the Motion. (5-0)

Agenda Item #7: Variance

a. 21-VAR-02 717 Utley St

Ms, Caines reviewed the staff report with the Board.

Board of Adjustment Minutes March 1, 2021 Page 1 of 5

The Town received a request to allow for a Variance from the Unified Development Ordinance Section 2.04 B. 5. a. Minimum Yards and Minimum Building Setbacks to allow for a reduced front setback along Maple Avenue from 20’ to 10’6” for the property located at 717 Utley St., Wake County PIN 0648991227.

Swearing-In Cheryl Caines, Planner II 128 S. Main St Holly Springs NC

Jason Galarneau, Gala Construction, LLC PO Box 488 Holly Springs, NC

David 713 Utley St. Holly Springs, NC

Claudia Cofield 5636 Easton Street Holly Springs, NC

Sandra Nelson 1901 Grigsby Avenue Holly Springs, NC

Chairman Marinko opened the Public Hearing.

Testimony: Jason Galarneau provided the Board with details of his variance request. He explained that he needed the variance in order to build the house he wanted to build on the lot.

Ms. Wiley asked if it was a subdivision. Mr. Galarneau said no. Chair Marinko asked when he purchased the lot. Mr. Galarneau said mid-2020. The Board asked if he had a survey done when he purchased the lot. Mr. Galarneau said that he has a survey and it doesn’t reflect this right-of-way. He was asked for a copy of the survey. Ms. Wiley asked how many square feet the house would be. Mr. Galarneau said 1834 sq. ft.

David Prince, 713 Utley St., said he opposed the variance. He asked if cars would be allowed to park on Utley. Ms. Caines said they would be able to park on Maple, after it is widened, but not on Utley. Mr. Prince said an 1800 sq. ft. house would overshadow the older houses already existing in the neighborhood. He said the neighboring houses were 800 square feet and he didn’t understand why a new house had to be built in this neighborhood. He asked if it would be private or a rental.

Mr. Galarneau said that he does not currently own any rental properties, but he doesn’t dictate what the buyers do with the house after he builds it. He said that he builds new homes in older neighborhoods and as people age and leave, the older homes often get torn down to allow newer homes to be built.

Mr. Forrest reminded everyone that they are here to decide the question of the set back only, not the design of the house.

Board of Adjustment Minutes March 1, 2021 Page 2 of 5 Ms. Wiley asked how long Mr. Price had lived on Utley. He said since 1959. He said that a developer coming in and building new houses will raise the tax value of the surrounding houses to the point where senior citizens will not be able to afford to stay.

Ms. Caines said that this house will require a SEU because it is in the Village District. It will have to go before Town Council for a public hearing, and the house cannot be built without that SEU being approved. Those whose opposition is on grounds other than the set back can testify at that hearing.

Petitioner was asked if there was an existing structure on the lot. He said there was a small shed.

Claudia Cofield spoke in opposition. She said she has property on Hickory and Utley streets. She said the existing homes have similar setbacks as each other, about 50 feet or more from the street. The applicant is requesting a setback that will not line up with the homes on Utley Street. It will be out of proportion. If it is that close to the street will there be room for a sidewalk? And would it be too close to the road to allow the road to be widened in the future.

Ms. Caines said she thought the only ROW dedication was along W. Maple and that Utley was at the ultimate cross section.

Ms. Wiley asked for clarification on side vs. front yard setbacks. Ms. Caines explained the difference in corner lots as opposed to middle lots.

Ms. Cofield asked if the house would line up with other houses on Utley, or would it be set further forward or back than the older houses.

Sandra Nelson, 1901 Grigsby Avenue, spoke in opposition. She said her family owns property behind Mr. Prince’s which they have owned since the 1970s. She asked, if the Board grants this variance, if her family property would have right of way taken to widen the road and lose value.

She was told that the right of way issue was not under the control of the Board of Adjustment.

Mr. Prince asked why are there no plans for the road to be widened with Rex hospital opening soon. Ms. Sigmund said that the hospital is being accessed from Main St. and Avent Ferry Rd. and not from those streets.

Chairman Marinko closed the Public Hearing.

Board Deliberation:

The Board deliberating the Findings of Fact.

Findings of Fact: A variance may be granted by the Board if competent and substantial evidence is presented by the applicant which persuades the Board to either reach each of the following conclusions independently or be reasonably able to meet these conclusions upon implementation of conditions by the Board:

1) Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. The board has found as a fact that that verbal testimony provided supports the Petitioner’s written response as follows:

• An unnecessary hardship would result from the strict application of the ordinance by decreasing the available building envelope from 21.67' to 12.17' as a result of the right of way being

Board of Adjustment Minutes March 1, 2021 Page 3 of 5 increased from 50' to 69'. The building envelope was already very limited with the original 50' right of way on a corner lot with two 20' front setbacks.

2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. The board has found as a fact that that verbal testimony provided supports the Petitioner’s written response as follows:

• The hardship results from the increase of the standard road right of way from 50' to 69’.

3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. The board has found as a fact that that verbal testimony provided supports the Petitioner’s written response as follows:

• The hardship is not a result from the action of the applicant. The hardship has been caused by increasing the right of way from 50' to 69', which caused the side yard setback to be pushed 9.5 farther into the 21.67' building envelope resulting in 12.17' of usable envelope.

4) The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved. The board has found as a fact that that verbal testimony provided supports the Petitioner’s written response as follows:

• The requested variance is consistent with the spirit, purpose and intent of the ordinance, such that public safety is secured in that the public will not be harmed by allowing the structure to be 9.5' closer to the right of way. Additionally, a sidewalk will be installed by the applicant of charge for use by the public.

Motion (Findings of Fact) Motion to accept and adopt the findings of fact for Variance Petition # 21-VAR-02 as determined based upon competent, material, and substantial evidence presented and entered into the record and reduced to writing.

Motion by: Mr. Forrest Second by: Ms. Wiley Action: The Board of Adjustment voted in favor of the Motion. (5-0)

Motion (Conclusion of Law on Variance Petition) Based upon the Board’s Findings of Fact, I move to approve Variance 21-VAR-02 requested by Jason Galarneau with Gala Construction, LLC to allow for a Variance from the Unified Development Ordinance Section 2.04 B. 5. a. Minimum Yards and Minimum Building Setbacks to allow for a reduced front setback along Maple Avenue from 20’ to 10’6” for the property located at 717 Utley St., Wake County PIN 0648991227.

Motion by: Ms. Wiley Second by: Mr. Forrest Action: The Board of Adjustment voted in favor of the Motion. (4-1) [nay was Loughridge]

Board of Adjustment Minutes March 1, 2021 Page 4 of 5 Agenda Item #8: Chair and Vice-Chair Selection

Motion: Motion to appoint Tim Forrest as Chair.

Motion by: Mr. Loughridge Second by: Mr. Marinko Action: The Board of Adjustment voted in favor of the Motion. (5-0)

Motion: Motion to appoint Morgan Wiley as Vice-Chair.

Motion by: Mr. Marinko Second by: Mr. Forrest Action: The Board of Adjustment voted in favor of the Motion. (5-0)

Agenda Item #9: Other Business

• April 5th meeting: virtual training

Agenda Item #10: Adjournment Motion: Motion to adjourn.

Motion by: Marinko Second by: Wiley Action: The Board of Adjustment voted in favor of the Motion. (5-0) Time: 7:39 pm

______Linda McKinney Town Clerk

Minutes signed by Board of Adjustment Clerk, Kathy Carlisle.

Board of Adjustment Minutes March 1, 2021 Page 5 of 5