Relentless Collision Seeks Two UDO Variances

Two variances tied to Relentless Collision on MLK Jr. Parkway - an 8-foot fence near the street and no vehicle-stacking at an unstaffed gate - are on Tuesday’s Durham Board of Adjustment agenda, with staff recommending denial based on UDO standards.

Plot plan of Relentless Collision at 442 Martin Luther King Jr. Parkway showing the proposed 8-foot security fence alignment along Cher Drive and parking area.
Site plan for Relentless Collision, 442 Martin Luther King Jr. Pkwy., proposed 8-ft security fence and gate along Cher Drive for BOA variance request.

Relentless Collision, a certified repair shop for Alfa Romeo, Tesla, Lexus, Kia, and more, on Tuesday seeks relief from Durham development standards from the city's Board of Adjustment.

The shop at 442 Martin Luther King Jr. Parkway, between Fayetteville Road and NC Highway 55, wants an 8-foot security fence closer to the street than normally allowed, and also wants to skip the usual requirement for vehicle-stacking spaces at an unstaffed entry gate.

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What the Fence Request is About

Durham rules cap fences at 4 feet in a required street yard; the business wants 8 feet for security. The proposed fence would sit about 26.3 feet from the right-of-way. Staff’s take: the application appears to miss three of the four findings needed for a variance. One wrinkle - staff notes that outdoor storage tied to a major vehicle service use that started after 1994 isn’t permitted as configured, and code enforcement is looking into it.

If the board does approve the fence, staff suggests conditions like: keep the fence at grade with the storage area, ensure anything visible above the existing earth berm tops out at 4 feet, and add year-round screening (opaque fencing, walls, or plantings) to soften views from the street.

What the Gate/Stacking Request is About

For unstaffed gates, the UDO requires two vehicle-stacking spaces (each 8'×20') inside the property so cars don’t queue into the street. The applicant wants the gate at the property line with no stacking spaces. Staff says this one appears to miss all four required findings.

What’s the UDO?

The Unified Development Ordinance (UDO) is Durham’s rulebook for land use - what uses are allowed where, how tall buildings or fences can be, required parking/stacking, landscaping and buffers, and the process for getting exceptions. When someone asks for a variance, they’re asking the Board of Adjustment for limited relief from a specific UDO standard (for example, fence height or where a gate can go) based on set findings the board has to consider.

Bigger Picture

Staff describes the operation as “vehicle service, major” with an outdoor storage yard for cars awaiting repair. As written, that storage use is not currently permitted under UDO §5.3.4V.6. One possible path to compliance would be limiting the number of inoperable vehicles on site (max 10) and meeting screening rules - changes that might affect whether a variance is even needed.

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