Cary Town Hall Building A, Auditorium
316 N. Academy Street

Board Members Present-Voting:  Jeffrey Bartley, John Berndt, Lair Block, Michael Cantrell, Steve Crutchfield, T.C. Frick, Vice Chair Allan Koeppel, John Werner, Peter Coleman, and Lea Strickland.

Staff Present: Chris Simpson, Beth Lewis, Walter Harris, and Donna Blackmer.

Minutes:

Minutes from the August 12, 2002 meeting – the quasi-judicial decisions of the Board made at the August 12 meeting were prepared in written form by Town staff and sent to the Board. Board members were given the opportunity to note typographical-type errors and a final version of each decision was signed by the Vice Chair.

Action on August 12 Minutes: Mr Werner made the motion to approve minutes, which was seconded by Ms. Strickland, and the Board voted (10-0) for approval.

APPLICATION:  02-MSU-012

STAFF CONTACT: Beth Lewis

SUBJECT PROPERTY:  1232 Fairlane Road

APPLICANT:  Martha R. Dickerson

OWNER(S):    Martha R. Dickerson

REQUEST:     The applicant is requesting a minor special use of residence to operate an infant day care center in her home.  By State statute, caring for three (3) or more unrelated preschool-aged children is a "large day care home", requiring a minor special use designation.

After hearing testimony from staff and the applicant, the Board discussed the application.

Findings of Fact:

1. The property is owned by Martha Dickerson, who has requested the minor special use.

2. The property has the following dimensions. 210’ deep and 100’ wide, encompassing 0.46 acres.

3. The property is developed with a single family home.

4. The property is zoned R-12, Residential, which requires the granting of a minor special use for a large day care home. By State statutes, a large day care home is one that cares for three or more preschool age children, or nine or more school age children.

6. Approval of the minor special use will not have a negative effect on adjoining property, if certain conditions are imposed.

7. Approval of the minor special use will not impair emergency access, create a fire hazard, or otherwise be contrary to the public health. The State regulates health and safety in day care facilities.

8. Approval of the minor special use is reasonably necessary for public health or general welfare.

9. That, if conditions are imposed, the minor special use is in harmony with the scale, bulk, coverage, density, and character of the neighborhood. There are no exterior alterations proposed to the home or the property.

10. That the minor special use will conform with the Comprehensive Plan. The home will still be a single family residence.

11. That the minor special use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities

12. That the minor special use will not cause undue traffic congestion or create a traffic hazard. The applicant proposes that parents will pull into a driveway to park to go inside to retrieve their children

13. Therefore the applicant meets the standards set forth for a special use in section 5.4.1 of the Cary UDO, and is hereby granted a minor special use to operate a large daycare to be located at 1232 Fairlane Rd.


ACTION:

Mr. Crutchfield made a motion to move to grant the minor special use with the following findings:

Based on the application, testimony and evidence the general purposes of the UDO, the Board concludes that the applicant meets the standards set forth in special use in section 5.4.1 of the Cary UDO, and is hereby granted a minor special use to operate a large daycare to be located at 1232 Fairlane Rd.

The minor use is subject to the following conditions:

1. The applicant must receive state approval for the day care home;
2. Applicant can have no more than five (5) children;
3. There will be no alterations to the home or the property;
4. The drop-offs and pickups be limited to the driveway to park and go inside to leave or retrieve their child;
5. There will be no signage;
6. applicant must comply with all local and state requirements and be required to get state licensure;
7. That this minor special use would only apply to the applicant as the current owner, and would cease if the applicant should sell the property.

Mr. Frick seconded the motion.  The Board voted (10-0) in favor of the motion to approve the minor special use.

New/Old Business:  

New: Mr. Koeppel noted there will no meeting in October.
         Mr. Block read several examples of cases listed in a recent issue of the Zoning Newsletter

Old:  Chris Simpson gave updates on the following cases: Phillips Logging Operation, Thrifty Car Rental, and Weaver Brothers Volvo.

Adjournment:  Mr. Koeppel adjourned the meeting at 8:10 p.m.