The Design Adjustment Committee met on Wednesday, October 16, 2024, at 1:30 p.m., was called to order at 1:32 p.m., and adjourned at 3:14 p.m. The committee approved one set of minutes, two design adjustments under old business, and three requests plus a preliminary plan under new business. All substantive motions passed 5-0; the minutes approval passed 4-0 with one abstention. Note a location discrepancy: the agenda lists Skyline Center, 929 North Front Street, while the minutes state City Council Chambers, 102 N. 3rd St., 2nd floor.
We're gonna call the meeting of the design adjustment committee to order. Um before we get started, I have to read an introduction. The design adjustment committee's purpose is to establish clear and measurable review criteria for the consideration of major deviations from the city's technical standards and specifications manual. The design adjustment committee does not consider housing type, cost of the proposed unit, occupants, building material, unit size, number of bedrooms, or the architectural design of the structures. These hearings are quasi-judicial evidentiary hearings. That means it's like a court hearing, and the committee's decisions are constrained by the standards and the ordinance and based upon the facts presented. All variance requests require a four-fifths vote of the committee to grant the variants. Appeals of committee decisions are to Superior Court. The parties of these cases are entitled to an impartial board. If a board member has a fixed opinion on the matter, a financial interest in the outcome, a close relationship with an affected person or has had any ex parte communication about the matter. Please disclose that information to determine if a recusal is necessary. City staff will introduce the proposed project to the committee and committee members may ask questions. The applicant may present additional information about the project, and members may ask questions. If anyone wishes to provide evidence at today's hearing, witnesses must sign in on the clipboard in the back of the room and be sworn in. Because witnesses are to provide sworn testimony. Please focus on the facts and the standards, not personal preference or opinion. When a witness comes forward to give testimony, please come to the podium, state your name and address for the record and speak clearly. With this tongue, staff will if administer the oath for all individuals who intend to provide witness testimony. If I could have all staff applicants and any members of the public who wish to speak, please stand up and raise your right hand. Do you swear that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Thank you. Thank you. Our first item of business is approval of the September 18th minutes. Has everyone has anyone everyone had a chance to uh take a look at those, and if so, any discussion or Mr. Chair, as I was not present for that meeting, I will be abstaining from voting on those minutes. Understood. Any other comments about the minutes? I have no comments, but I'd make a motion to approve. I will second that motion. All in favor say aye. Aye. Aye. Opposed. Thank you. All right. First item up for business is the Circle K on Market Street. Good evening, Mr. Chair and members of the committee. This is evidentiary hearing number one, located at 4500 Market Street. The site includes 1.39 acres and is located within RB Regional Business District. The site is currently vacant. The proposals for a new convenience store with fuel pumps along Market Street. At the September 18th meeting, the applicant requested relief from the standard driveway offset from the intersection and relief from the standard driveway width. The request for relief from the standard driveway offset was granted to the applicant. The request for relief from the standard driveway width was continued. At the September 18th meeting, the applicant proposed a right-in, right-out driveway along South Kerr Avenue with a width of 45 feet. The applicant is now proposing a right-in, right-out driveway along South Kerr Avenue with a width of 40 feet. The technical standards and specifications manual specifies minimum standards for driveway width. A two-lane two-way driveway, which provides access to a commercial use, has a maximum driveway width of 30 feet, measured at the property line. The applicant has provided justification for the request on attachment three of your package.