TOWN OF CARY
STATE OF NORTH CAROLINA
ZONING BOARD OF ADJUSTMENT HEARING
September 9, 2002
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CASE: |
02-MSU-012 |
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STAFF CONTACT: |
Beth Lewis e-mail: ehlewis@ci.cary.nc.us |
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APPLICANT(S): |
Martha R. Dickerson |
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OWNER(S): |
Martha R. Dickerson |
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LOCATION: |
1232 Fairlane Road, Cary, NC |
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PRESENT ZONING: |
R-12 |
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REQUEST: |
The applicant is requesting a minor special use of residence to operate an infant daycare 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. |
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MINOR SPECIAL USE WORKSHEET
FACTORS RELEVANT TO THE ISSUANCE OF A MINOR SPECIAL USE:
5.4.1. Purpose and Applicability; "Minor Special Uses"
The classification of "special uses" is established to provide for the location of those uses which are generally compatible with the other land uses permitted in a zoning district but which, because of their unique characteristics or potential impacts on the surrounding neighborhood and the Town as a whole, require individual consideration of their location, design, configuration, and/or operation at the particular location proposed. Such individual consideration may also call for the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location.
SUMMARY
The applicant, Martha Dickerson, is requesting minor special use approval to operate an infant day care center in her home. By State statutes, the proposed center is classified as a large day care home, as she plans to care for five infants. State statutes define a large day care home as one that cares for three or more preschool age children, or nine or more school age children. Ms. Dickerson plans to limit her clients to infants so as to not need to include an outdoor play area. Ms. Dickerson is currently seeking the required state license.
FINDING OF FACTS:
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.
5. If the minor special use is not granted, there is other practical use of the property;
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If you are inclined to deny the minor special use application: |
If you are inclined to approve the minor special use application: |
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6. Approval of the minor special use will have a negative effect on adjoining property. Additional traffic and noise will be generated. |
6. Approval of the minor special use will not have a negative effect on adjoining property. The children Ms. Dickerson proposes to care for are infants, who are not old enough to play outside and cause noise. |
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7. Approval of the minor special use will impair emergency access, create a fire hazard, or otherwise be contrary to the public health. |
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. |
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8. Approval of the minor special use is not reasonably necessary for public health or general welfare. There are sufficient day care facilities in Cary. |
8. Approval of the minor special use is reasonably necessary for public health or general welfare. |
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9. That the minor special use is not in harmony with the scale, bulk, coverage, density, and character of the neighborhood. A day care home is not in harmony with the neighborhood. |
9. That 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. |
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10. That the minor special use will not conform with the Comprehensive Plan. |
10. That the minor special use will conform with the Comprehensive Plan. The home will still be a single family residence. |
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11. That the minor special use is not appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities. |
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. |
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12. That the minor special use will cause undue traffic congestion or create a traffic hazard. Five children a day will require ten additional trips on a neighborhood street. |
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. |
MOTION TO GRANT MINOR SPECIAL USE WITH/WITHOUT CONDITIONS
After conducting a duly advertised public hearing and reviewing the application materials, testimony and evidence and the general purposes and standards of the UDO for this proposed use, we find the following
FACTS: [insert facts found]
CONCLUSION:
1. Based on the application, testimony and evidence, the general purposes of the UDO, and the above findings, the Board concludes that the applicant meets each of the standards set forth for a minor special use in Section 5.4.1 of the Cary UDO
2. The applicant is hereby granted a minor special use to operate a large day care home to be located at 1232 Fairlane Road.
3. This minor special use is conditioned upon: (suggested):
- The applicant may care for only up to 5 infants pursuant to this special use permit;
- There will be no exterior alterations to the home or the property;
- Pick-up drop-off of the infants shall be only by pulling into a driveway to park and going inside to leave or retrieve their infant.
- The applicant must comply with all local and state requirements for providing child care;
- Signs? ____.
- Limits on hours of operation ___;
MOTION TO DENY MINOR SPECIAL USE
After conducting a duly advertised public hearing and reviewing the application materials, testimony and evidence and the general purposes and standards of the UDO pertaining to this proposed use, we find the following
FACTS: [insert facts found]
CONCLUSION:
1. Based on the application, testimony and evidence, the general purposes of the UDO, and the above findings, the Board concludes that the applicant has not met the standards set forth for a minor special use in Section 5.4.1 of the Cary UDO, and the application is DENIED.
MOTION TO CONDUCT AN ADDITIONAL PUBLIC HEARING ON THE APPLICATION
After conducting a duly advertised public hearing and reviewing the application materials, testimony and evidence and the general purposes and standards of the UDO pertaining to this proposed use, we find the following :
We believe an additional public hearing on the application should be heard to obtain more testimony and evidence concerning: ____________________
______________________________________________________.
MOTION TO DENY MINOR SPECIAL USE
After conducting a duly advertised public hearing and reviewing the application materials, testimony and evidence and the general purposes and standards of the UDO pertaining to this proposed use, we find the following
FACTS: [insert facts found]
CONCLUSION:
1. Based on the application, testimony and evidence, the general purposes of the UDO, and the above findings, the Board concludes that the applicant has not met the standards set forth for a minor special use in Section 5.4.1 of the Cary UDO, and the application is DENIED.
MOTION TO CONDUCT AN ADDITIONAL PUBLIC HEARING ON THE APPLICATION
After conducting a duly advertised public hearing and reviewing the application materials, testimony and evidence and the general purposes and standards of the UDO pertaining to this proposed use, we find the following :
We believe an additional public hearing on the application should be heard to obtain more testimony and evidence concerning: ____________________
______________________________________________________.