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    Minutes of 3/11/2008 Board of Adjustment Meeting [adopted]


Regular Meeting
Wake County Board of Adjustment
Tuesday, March 11, 2008
9:00 am, Room 700
Wake County Courthouse
316 Fayetteville Street Mall
Raleigh, North Carolina

Members Present (7): Mr. Ronald Raxter (chairman), Mr. Art Odom (vice-chairman), Mr. A. Thomas Anderson, Mr. Billy Myrick, Mr. James Compton, Mr. Terence Morrison, and Mr. Donald Mial.

Members Not Present (2): Mr. Tim Sack and Mr. Timothy Clark.

Staff Present (6): Mr. Steven Finn (Land Development Administrator), Mr. John Schodtler (Planner II), Ms. Celena Everette (Planner II), Ms. Betsy Pierce (Environmental Services Coordinator), Mr. Matt Burton (clerk to the Board), and Mr. Russ O’Melia (Assistant Secretary to the Board).

County Attorney Present (2): Ms. Shelley Eason (Deputy County Attorney) and Bryan Batton (Assistant County Attorney)

Board of Commissioner Member Present: Ms. Lindy Brown

Item 1, Call to Order: Mr. Raxter called the meeting to order at 9:07 A.M. with seven (7) members present.


Item 2, Approval of Minutes of the February 12, 2008, Meeting:

Mr. Myrick made a motion to approve the February 12 meeting minutes as written, and Mr. Odom seconded. The motion carried unanimously.

Item 3, Swearing In of New Board Members

Mr. Burton administered the oath of office to Mr. Mial as an alternate member on the board.

Planning Department staff members Steven Finn, John Schodtler, and Betsy Pierce were duly sworn. Mr. Raxter noted that only four regular members were present and assigned Mr. Morrison as the fifth voting member for the hearing.

Item 4, BA-SU-2077-07

Petitioner: Arthur R. Cogswell
Landowner: White Oak Baptist Church
PIN: 0723.01-38-7678, 0723.01-48-0749; 0723.01-38-3412
Size: 14.9 acres
Location: The site is located on the both sides of White Oak Church Road, north of its intersection with Green Level West Road.
Zoned: Residential-40 Watershed (R-40W)
Land Use Classification: The portion of the property west of White Oak Church Road is located in Cary’s Long Range Urban Service Area (LRUSA) and the portion of the property east of White Oak Church Road is located in Cary’s Short Range Urban Service Area (SRUSA).

The petitioner is requesting special use approval to modify a previously approved special use permit to construct a 7,000 square foot, two story resource building to be accessory to the existing place of worship (White Oak Baptist Church).


Documentary Evidence: Staff report, PowerPoint presentation, Site Plan map, Ortho Map, Zoning Map, relevant sections of the Unified Development Ordinance, and a panoramic video of the property were shown and/or available.

Testimony: Mr. Schodtler, Planner II, entered the staff report for BA-SU-2077-07 into the record, and stated the petitioner’s name, zoning classification, and the nature of the special use request. Mr. Schodtler used a PowerPoint presentation to identify the location of the property on an Ortho and Zoning map.

Mr. Myrick asked if the petitioners were familiar with staff recommendation number eight. Mr. Schodtler answered yes, that he and the petitioners had met and discussed and came to an understanding on all thirteen staff conditions. Mr. Compton asked why the staff was going back to the existing building for stormwater control. Mr. Schodtler said it was a requirement from a past Board of Adjustment Special Use Permit approval that was never fully implemented. Mr. Compton observed that this may be a hardship for the petitioner. Mr. Schodtler said the staff has suggested some alternatives to the petitioners that they are currently investigating.

Mr. Charles R. Tyner of 1704 White Oak Church Road in Apex, Mr. Arthur Cogswell of 619 Greenwood Road, Chapel Hill, and Mr. Patrick Mora, were duly sworn in. Mr. Tyner asked that the board consider the permit and said that the church is in favor of fulfilling all recommended staff conditions. Mr. Raxter asked if they understood the impervious surface limitation on the existing building. Mr. Tyner said yes, and they are working with staff on this issue.

Brad Schrum came forward and was duly sworn. He said he was a principal of Riverbirch Management, which owns a 24-acre parcel adjacent and north of the property, and are working with the church to perfect a bargain sale of their property to the church. Mr. Schrum said he is supportive of the church’s goals for the property. He acknowledged being new to this process and expressed concern over how this would affect any potential annexation or rezoning into the town of Cary. Because of this, he requested that the petitioners withdraw their request for a period of 30-60 days to make sure everyone understands the process and to make sure the process for a special use permit goes smoothly.

Mr. Raxter asked the petitioner if they were interested in delaying the process 30-60 days, and Mr. Tyner said no. Mr. Schrum said he would then oppose the permit request because there are some land use questions, he has not had a chance to see the full plan, and has not had a chance to adequately discuss this issue with the petitioners. He asked if the special use permit will affect the entire 14-acre site on the west side of White Oak Church Road, or will it impact only the 7,000 square foot proposed resource center building. Ms. Eason said the permit would affect that portion to the west upon which the building will be erected, there will be a recombination that will include all the parcels into one, and there will be no development on the larger parcel. She continued that the permit would not affect the annexation or the extension of utilities by the town of Cary. Ms. Eason then gave Mr. Schrum a copy of the staff report. Mr. Odom noted that Mr. Schrum’s concerns have no basis or bearing on the special use permit request being considered by the board.

Mr. Finn said that in discussions with the town of Cary, he understood there were no annexation ambitions by the town in this vicinity. Mr. Compton asked for clarification on the recombination. Ms. Eason said the larger parcel will be a part of the recombination, and will show the same ownership on all the tracts. The special use permit and development will only apply to the smaller, 7-acre site across White Oak Church Road. Mr. Schodtler reminded the board that there is an existing special use permit on both side of the property from a 1991 expansion of the church. Mr. Odom said the objection still has no bearing on the board’s decision today because the church put more parking than is required and if the petitioners do not meet the conditions of the special use permit, they cannot continue with development anyway. Mr. Compton said he does not want the petitioners to have to come back before the board at a future time if they want to do something on the larger tract if it is excluded from the business before the board today. Mr. Schodtler said the two small lots are already over the impervious limitations, and the recombination must be done before any development can take place. If they decide to do anything with the larger lot, the petitioners will have to come back before the board at a future date because of these impervious limitations. Ms. Eason reminded the board that any expansion to a special use permit requires board approval.

No one else present wished to speak in favor of or against the petition. Mr. Raxter then closed the evidentiary hearing.


There was no additional board discussion.


Mr. Myrick made a motion that in the matter of BA-SU-2077-07, the board find and conclude that the petition does meet the requirements of Article 19-23 of the Wake County UDO and that the special use permit be granted with the thirteen recommended staff conditions. Mr. Morrison seconded the motion. All voting members voted in the affirmative. This resulted in a 5-0 unanimous vote to approve BA-SU-2077-07. The special use permit was granted with the thirteen recommended staff conditions. So ordered.


There was none.


There was none.

Hearing no additional business, the meeting was adjourned at 9:35 A.M.

March 11, 2008

All petitions complete, Chairman Ronald Raxter declared the regular meeting
of the Wake County Board of Adjustment for
Tuesday, March 11, 2008 adjourned at 9:35 A.M.

Respectfully Submitted:

Ronald Raxter, Chairman
Wake County Board of Adjustment