Developer Seeks Zoning Relief for 200-Unit Housing Project

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A new development at Carpenter Fletcher Road and NC Highway 55 could bring 200 apartments – including 31 affordable housing units – to about 17 acres.

But first they need permission to abandon plans for recreational open space in wetlands that would endanger a federal funding source.

Katie Hamilton of Infinite Tide Design, representing property owner Ernest Brown, has asked the Durham Board of Adjustment to consider a variance to allow the recombination of four lots “to efficiently use the limited buildable area that exists outside of the floodplain.”

B2500018_Staff_Report_Final Download

According to the staff report about the request: “A strict application of the ordinance would not prevent any development occurring but would severely restrict what is possible and result in unnecessary hardship for the applicant and property owner.”

The property is about 85% wetlands and floodplains. The project would rely on financing from the U.S. Department of Housing and Urban Development (HUD). The developer had planned to satisfy requirements for recreational open space using those wetland areas. However, federal authorities have informed the applicant that if they disturb the floodplain too much, HUD will withhold funding.

“Thus, to maintain that funding source, the applicant seeks relief from the requirement of providing recreational open space,” the request states.

Staff analysis notes that this hardship results at least in part from action taken by the applicant, relying on HUD funding, adding that “other sources of project funding might come without the same restrictions and allow approved recreational open space improvements in the floodplain.”

The variance goes before the adjustment board on Aug. 26.

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