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Pedcor officials appealing previous Cary position on asphalt coverage

CARY – Developers of the controversial Pedcor affordable housing project have appealed an earlier village decision regarding the use of porous asphalt in lot coverage calculations.

The Board of Zoning, Planning and Appeals will vote on the appeal at its meeting at 7:30 p.m. Oct. 22 at Cary Junior High, Village Administrator Chris Clark said.

The developer is asking the board to reconsider a decision by village officials that porous asphalt counted as impervious surface coverage. Zoning requires no more than 45 percent of the land be covered. The site plan included 108,885 square feet of lot coverage, constituting 54.8 percent of the site.

That determination was made by village officials and announced by Community Development Director Brian Simmons on Aug. 4.

The decision led Pedcor to file a variance request that was given a negative recommendation in a 4-3 vote at the Aug. 27 zoning board meeting, a decision that was met with cheers from some residents.

The Village Board had been slated to vote on that variance request Oct. 20, and approval would have required a supermajority – four out of six trustee votes – to pass.

The agenda changed last Thursday, however, when the village received the appeal, according to Clark. The Oct. 22 meeting was moved to Cary Junior High based on past crowds that have shown up to discuss the Pedcor issue.

“The discussion and all the debate will have to solely focus on this appeal, this proposed remedy, and how our village code actually reads as to how it relates to interpreting this request.” Clark said.

If the zoning board votes in favor of the appeal, then the previously discussed variance would become obsolete. If the board votes against the appeal, the next step for the developer is to make a petition to the circuit court to have the matter reviewed, Clark said.

The Pedcor project initially had been approved by the Village Board in June 2014 before the issue with lot coverage was discovered.

Village Trustee Jim Cosler, who was involved in the push against the Pedcor project before his election as a write-in candidate in April, said he anticipates high interest in the meeting from residents.

“I hope our board members will vote according to our ordinances and laws,” Cosler said. “It is my opinion that we have followed our ordinances and state statutes to date.”

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