20220388 Ver 1_Variance Information_20220622

Strickland, Bev
From: Mark Mayhew <[e-mail]>
Sent: Wednesday, June 22, 2022 11:00 AM
To: Cohn, Colleen M; [e-mail]
Subject: [External] Signed Variance for 0 Parlier Drive, Toll Brothers
Attachments: 22VAR03 FOF_COL Signed 06 2022.pdf
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Report Spam.
Sorry Colleen, typed incorrect email address.
Mark Mayhew, PE
President
ESE Consultants, Inc.
1140 Virginia Drive, Fort Washington, PA 19034
P: 215-293-5435 C: 215-353-8711
[e-mail] www.eseconsultants.com
From: Mark Mayhew
Sent: Wednesday, June 22, 2022 10:47 AM
To: Dan Rossi <[e-mail]>; Jeff Westmoreland <[e-mail]>; Ted Pease
<[e-mail]>; David Kelly <[e-mail]>; [e-mail];
[e-mail]; Michelle Savage-Measday, PWS <[e-mail]>
Cc: Brianne Massey <[e-mail]>
Subject: Signed Variance for 0 Parlier Drive, Toll Brothers
Team,
Approved Apex stream buffer disturbance variance attached.
Lyle,
Please let us know the status of our wetland permit application.
Colleen,
Please update us on the status of our buffer permit application.
Thank you.
Mark Mayhew, PE
President
ESE Consultants, Inc.
1140 Virginia Drive, Fort Washington, PA 19034
P: 215-293-5435 C: 215-353-8711
[e-mail] www.eseconsultants.com
From: Brianne Massey <[e-mail]>
Sent: Wednesday, June 22, 2022 9:42 AM
1

To: Mark Mayhew <[e-mail]>
Subject: Fwd: Signed Variance for 0 Parlier Drive
Signed variance received.
Brianne Massey, PE
Project Engineer II
ESE of North Carolina, PC
900 Perimeter Park Drive, Suite 83, Morrisville, NC 27560
P: 919-355-0721 C: 919-889-1475
[e-mail] www.eseconsultants.com
From: Sarah Van Every <[e-mail]>
Sent: Wednesday, June 22, 2022 9:08:52 AM
To: Michelle Savage-Measday, PWS <[e-mail]>; Brianne Massey <[e-mail]>
Cc: Ted Pease <[e-mail]>
Subject: Signed Variance for 0 Parlier Drive
EXTERNAL EMAIL : Use caution with links and attachments
Good morning all
Hope everyone is doing well! Please find attached the signed FOF/COL document granting the variance
form the Town. Please let me know if you have any questions. Thank you!
Sarah Van Every, AICP
Senior Planner
Planning & Community Development
PO Box 250 1 73 Hunter Street 1 Apex, NC 27502
919-249-3339 1 www.apexnc.org
Email sent to and from this address is subject to the North Carolina Public Records Law and may be disclosed to
third parties.
Please note that I am teleworking as part of the Town's efforts to reduce the risk of exposure to the community.
Therefore, email is the best way to reach me. Thank you.
2

BEFORE THE BOARD OF ADJUSTMENT OF THE TOWN OF APEX
TED PEASE, TOLL NC II LP, GREEN LEVEL CROSSING COMMUNITY ASSOCIATION, INC.
0 PARLIER DRIVE
(0733133605 & 0733049008)
FINDINGS OF FACT
Based on the competent, material, and substantial evidence in the record, the Board of Adjustment
makes the following findings of fact:
1. Ted Pease, Toll NC II LP, (the "Applicant"), submitted a completed application for a variance on
the 11th day of April, 2022.
2. Pursuant to G.S. §160A-384 and Sec. 2.2.11.E of the Unified Development Ordinance (UDO), the
Planning & Community Development Director caused proper notice to be given (by publication
and posting), of a public hearing before the Board of Adjustment on the variance for 0 Parlier
Drive, Apex, North Carolina, on the 26th day of April, 2022.
3. The Board of Adjustment held a public hearing, including an evidentiary hearing, on the 17th day
of May 2022.
4. All persons who desired to present evidence relevant to the variance for 0 Parlier Drive were
allowed the opportunity to present evidence at the public hearing before the Apex Board of
Adjustment.
5. Applicant sought a variance from the following UDO Section:
UDO Section 6.1.11.G Uses Permitted Within the Riparian Buffer, reads:
This Section shall apply to activities conducted within, or outside of with hydrologic impacts in
violation of the diffuse flow requirements set out in Sec. 6.1.11.E upon, a riparian buffer
regulated by this Section. The Town shall issue an approval for new development only if the
proposed development will avoid impacts to riparian buffers regulated by this Section or, if an
impact to any such buffer is proposed, in accordance with the requirements in Sec. 6.1.11.6.1 or
2 below, as applicable, the applicant has demonstrated that: (i) the proposed activity is exempt,
(11) the proposed activity is allowable or allowable with mitigation, and the requirements of this
Section for proceeding such designated use have been met, or (iii) a variance authorizing the
proposed activity has been obtained.
6. The Town approved The Hunt at Green Level Crossing, in which the subject property sits, was
approved on July 16, 2007.
7. The Town adopted Unified Development Ordinance on August 1, 2000.
8. The Town Sanitary Sewer Easement the Floodplain, the Riparian Buffer, and the Watershed
Protection Overlay District are existing on the subject property.
9. The culvert has existed on the subject property prior to August 23, 2017.
10. The Federal Emergency Management Agency (FEMA) Region IV issued remedial options for
Violation Case #17-04-7608P including removing culvert on December 20, 2021
11. The applicant purchased the property on July 23, 2007.
12. The Town amended the Unified Development Ordinance to permit variance applications for
properties within the Watershed Protection Overlay District on March 23, 2021.
13. The applicant held a pre -application meeting for the subject property with Town staff on
February 11, 2022.

14. The applicant submitted a variance application on April 11, 2022.
CONCLUSIONS OF LAW
1. Unnecessary Hardship. 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. Strict interpretation of the regulation would restrict
any activity on the subject site. The existing conditions of the culvert are in violation of FEMA
Region IV. If the violation remains, it would risk the status of the National Flood Insurance
Program (NDIP) for the entirety of Apex and therefore deemed an unnecessary hardship.
2. Hardship Results from Peculiar Conditions. 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 existing
conditions of the culvert and related infrastructure within the Watershed Protection Overlay
District limit any activity. The Watershed Protection Overlay District was applied after initial
development and encompasses the subject property. The FEMA violation is unique to the subject
properties. These existing conditions are peculiar to the site and deemed the cause of the
hardship.
3. Not Result of Action by Applicant. 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
FEMA violation was not created by the initial design and therefore not a result of actions by the
applicant, but rather resulted from a series of regulations.
4. Consistency with the UDO. 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
applicant has demonstrated that the remedy is environmentally sensitive and with the least
harm, to provide corrective measure and maintain the insurance status.
5. The Applicant did meet the burden of proof and establish facts that show all of the standards for
granting a variance were met.
DECISION
The Apex Board of Adjustment hereby approves the variance by a vote of 5 to 0 for 0 Parlier Drive
(PIN 0733 13 3605 & 0733 04 9008) as requested by the applicant, to permit activity shown or
similar and as permitted by the Town of Apex.
This Findings of Fact, Conclusions of Law, and Decision shall constitute written documentation of
the Board of Adjustment's approval of the variance for 0 Parlier Drive Apex, NC.
THE TOWN OF APEX
By: MYJZ

Mike Wilson
Chair
Effective Date
(Corporate Seal)
ATTEST•
Sarah Van Every Senior PI