NOTICE OF PUBLIC HEARING

The Garner Board of Adjustment will hold a public hearing to review the cases below on Thursday, December 4, 2025, at 7 p.m. All public hearings are held in the Council Chambers of the Garner Town Hall located at 900 7th Ave. Garner, NC 27529.  

BOARD OF ADJUSTMENT 

Case # AA-25-003, 1506 US Hwy 70 W Electronic Gaming Center - Appeal of Decision submitted by Rowell Ordanes to permit an electronic gaming center at 1506 US Hwy 70 W which is within a ¼ mile of an existing electronic gaming center at 3909 S Wilmington Street, Raleigh, North Carolina 27603. The property is located at 1506 US Hwy 70 W and can further be identified as Wake County PIN 1701580535. 

Case # VAR-25-002, 520 Powell Drive (Continued from October 23, 2025 meeting) – Variance request submitted by Bert Fox of Catalyst Designs, PLLC; to permit two flag lots in a six-lot major subdivision which deviates from the Residential 4 (R4) district single-family detached 60’ minimum lot width requirement in “Figure 5.6-C: Standards for Front-loaded Single-Family Detached and Duplexes” of the Town of Garner UDO. The request (# VAR-25-002) accompanies the major subdivision permit # SB-24-002, 520 Powell Drive. The property is located at 520 Powell Drive and can further be identified as Wake County PIN 1711645806.  (MAP HERE)

Specifically, a variance is requested from the minimum lot width for single-family detached uses in the R4 zoning district as follows:  

• Figure 5.6-C., Standards for Front-loaded Single-Family Detached and Duplexes:  

 Applicant’s Request: The applicant is seeking relief from the 60-foot minimum lot width standard to permit two flag lots that meet the minimum road frontage standards of the UDO for flag lots as stated in Section 5.4.4., subsection C. of the Town of Garner UDO which is 20 feet. 

Update: On June 25, 2025, the Board of Adjustment held a public hearing for VAR-25-002. The variance was denied because the Board voted 3-2 to approve and a four-fifths majority is required by State law.  The applicant has requested a rehearing pursuant to Section V.G. of the Board of Adjustment Rules of Procedure.

The applicant has resubmitted the subdivision plan which shows a shift in the location of the two flag lots.  The Board of Adjustment will first decide whether there has been a substantial change in the facts or conditions of the case.  If the Board determines that there has been a substantial change, it will then hold a full hearing on the revised variance application.  

Persons interested in or affected by the above applications are invited to attend the hearing and offer relevant facts and evidence. The public hearing will be conducted as a quasi-judicial proceeding with some of the formalities of a judicial review. All testimony received by the BOA will be required to be given under oath. Testimony given to the BOA should be based on competent evidence and relevant facts (generally information that would be admissible in a Court of Law based on expertise). Testimony may be presented in narrative form or may be presented in a question-and-answer format. Please be aware that evidence presented to the BOA not meeting this general test may be ruled inadmissible.   

Should you have questions regarding the conduct of the public hearing, please contact the Planning Department prior to the hearing date. At the meeting, the Secretary will read the request written on the agenda. Planning Staff will explain how the request does or does not meet the requirements of the UDO. The applicant, after being sworn, testifies and presents facts and other testimony regarding the case. The proponents or opponents then have the opportunity after being sworn to provide testimony. The applicant and any party with standing may rebut any testimony given. 

Following the public hearing, the Board of Adjustment (BOA) may take action on these requests. Additional information is available during regular office hours from the Planning Department at Garner Town Hall. Contact Joseph Linsky, Planner II at jlinsky@garnernc.gov or 919-773-4447. Handicapped persons needing assistance or aids should contact Stella Gibson, Town Clerk, prior to the meeting at 919-773-4406. 

NOTE: The end time listed above is a placeholder estimate; there is no definite end time.