Fuquay Varina board approves permit to expand home daycare to 12 children

The Fuquay Varina Board of Adjustment voted on April 13 to approve a special-use permit that will allow a licensed home daycare at 1340 Forest Fern Lane to increase its capacity from five children to a maximum of 12.

The board framed its decision around four statutory findings: the board concluded the proposed use would not materially endanger public health or safety, meets required conditions and specifications, would not substantially injure adjoining property values (while acknowledging a lack of definitive evidence), and would be in harmony with the neighborhood if operated as described. A formal motion to approve BOA‑SUP‑2026‑01 passed by voice vote; one member recorded a dissenting “nay” during the final vote.

Petitioner Diana Alejandra Besera Torres, who identified herself as the owner of a licensed home daycare at the address and said she has operated since September 2025, told the board she currently cares for five children and holds a five‑star state license. She described safety procedures, an enclosed backyard play area and staggered drop‑off practices. “I am the only family child care in Fuquay Varina that have a five star license,” she said, noting educational credentials in early childhood that she said support quality care.

During questioning, board members sought details about age ranges, hours and parking. The applicant said her current hours are 8 a.m. to 1:30 p.m.; she said she is considering extending to 8 a.m. to 3 p.m. if needed and that drop‑off and pick‑up would occur in the existing driveway. The board and staff reiterated that town approval is a prerequisite to seeking an increased state capacity and that state licensing enforces child‑to‑staff ratios; town home‑occupation rules do not permit nonresident employees within the corporate limits, so assistants would need to meet residency or volunteer requirements described by the applicant.

One neighbor who identified their address as 1244 Forest Fern Lane spoke in person. The neighbor praised the applicant’s care but said they were concerned that increasing enrollment to 10–12 children could raise daytime noise and, based on conversations with real‑estate agents, might reduce their property value by an estimated 10–15%. “Kids should make noises,” the neighbor said, but added the potential effect on resale value was a financial worry.

Board members discussed those concerns but said they had no objective evidence in the record that property values would fall. The board noted the applicant had voluntarily proposed conditions — including limiting activity to daytime hours, prohibiting an exterior commercial sign and requiring that drop‑off and pick‑up occur in the existing driveway — and that only one nearby household appeared at the hearing in formal opposition among the properties notified.

The board approved the special‑use permit with the conditions the applicant offered and advised the petitioner that she must obtain the applicable state licensing update. The board indicated the applicant would have up to six months to submit state permitting documentation to the town for its records.

The meeting concluded with routine adjournment. The decision allows the operator to pursue state licensure for expanded capacity; any change in the number of children the state allows or future violations of the town conditions could affect the operation’s standing with the town or state agencies.