Minutes 12-09-2014 - Laserfiche WebLink

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Dear County Commissioners: My family moved from out of state to Chapel Hill in 2010. We were very excited to find a house on a 10 acre lot that we could afford. With four small children we thought it would be the perfect backdrop for an active and happy childhood. Before the house closing, we were informed that our lot had 493 square feet of impervious surface left to use. Although this was a new concept to us, we thought we understood what we were agreeing to and didn't anticipate a problem, as we had no plans to add any major structures to our property. As we settled in, and experienced North Carolina variations in weather and precipitation, we realized that the backyard was mostly dirt and weeds, and when it rained, it was a muddy eyesore. Even after we added a small swing set, the mud and clay was tracked all over our house, making a terrible mess. We realized we needed to landscape a portion of the yard, and went to a great deal of time and expense to do so in an affordable and environmentally friendly way. We researched options, and at this point we learned how incredibly restrictive our area is when it comes to impervious surface definitions. We chose pervious pavers for our backyard patio, along with grass, shrubs, and other plants. We were disappointed to learn that Orange County considers pervious pavers to be impervious, but were also told that they were re-considering their position on this matter. As the landscaping project was completed, we decided (partially influenced by the begging of 4 persistent children) we wanted to add a pool to our backyard before getting a fence installed. In order to get a pool, however, we need 3 feet of border all around the pool to secure it. This would add another (approximately) 385 square feet of impervious. It would be well within our allotment, if only our pervious pavers were not counted against us. We began the process of investigating and trying to get approval for this next phase. On March 1, 2013, I emailed the Orange County Board of County Commissioners, describing the situation. I received several sympathetic responses, including notes from Frank Clifton and Barry Jacobs. I was told the County Commissioners were considering the issue. Mr. Clifton forwarded my email to Craig Benedict, and I received this thoughtful response from Mr. Benedict: "I have done some research on your property and subdivision and although I presently do not have the solution, I wanted to let you know that my office is working on it. These impervious rules were a mandate from the state, so our interpretations cannot stray too far from their standards. It does make sense what your request is and I will endeavor to make it work. Thank you for your patience." I did not hear back after this, and our project was put on hold. I was later told the state and the country was considering modifications to the current rules. I waited patiently. This fall I felt a renewed sense of urgency as summertime swimming led to the resurrection of my children's begging for a pool. I began again, trying to find a way to make this project happen. At the state, I spoke with Mike Randall in the storm water permitting unit on October 10, 2014. I was told that based on state provisions, we would get credit from the state for the pervious