	TOWN OF CARY ZONING BOARD OF ADJUSTMENT MEETING April 13, 1998 7:30 PM AUDITORIUM, BUILDING A CARY TOWN HALL

Presiding:	Marla Dorrel	Secretary:	Mary Kotecki
Board Members Present-Voting:	Joy Wayman Joyce Jordan Virginia Colvin	Phillip Rudisill Robert M. Cassell Michael Spencer	Bob Dascombe Patricia Harris Jeffrey O. Bartley
Board Members Present-Non Voting:	Charles Krautler	T.C. Frick	Moultrie Watts
Staff Present:	J.W. Shearin Mark Holland	Joseph Jeffries	Camille McLeod
ITEM
Call to Order Roll Call Action on Minutes from March 9, 1998 *ACTION: A motion was made by Mr. Cassell and seconded by Mr. Rudisill to approve the minutes as amended. The Board voted unanimously to approve the motion.* Swearing In The following were sworn in to give testimony: John L. Hartnett (98-06-V), Rose Marie Luckey (98-08-V and 98-09-SU), Scott E. Roszel (98-09-SU), Kevin Rawers (98-10-V), Marlin Salazar (98-10-V), David Taube (98-02-A, 98-11-V), Gary P. Lyles (98-12-V)				Chairman Secretary Chairman Secretary
NEW CASES APPLICATION #: 98-08-V STAFF CONTACT: Camille P. McLeod SUBJECT PROPERTY: 106 Glen Alpine Circle APPLICANT(S): Rose Marie Luckey REQUEST: To allow an existing structure to remain in the buffer and buffer setback. ACTION: Ms. Wayman made a motion that application 98-08-V has successfully met the requirements of section 6.1.5 of the Cary Zoning Ordinance and is granted, subject to the following conditions: Variance shall be transferable and run with the structure. Mr. Dascombe seconded the motion and the Board voted unanimously to approve. APPLICATION #: 98-09-SU STAFF CONTACT: Camille P. McLeod SUBJECT PROPERTY: 106 Glen Alpine Circle APPLICANT(S): Rose Marie Luckey REQUEST: To allow expansion of a nonconforming structure. ACTION: A motion was made by Mr. Dascombe that application 98-09-SU has successfully met the requirements of section 5.4.7 of the Cary Code of Ordinances and is granted subject to the following conditions: the special use permit runs with the structure. The motion was seconded by Mr. Bartley and the Board voted unanimously to approve. APPLICATION #: 98-10-V STAFF CONTACT: Mark Holland SUBJECT PROPERTY: 100 Kilbreck APPLICANT(S): Kevin Rawers and Martha Warner REQUEST: To allow a 4 foot encroachment into the 10 foot side yard setback. ACTION: Ms. Jordan moved and Ms. Harris seconded a motion that application 98-10-V has successfuly met the requirements of section 6.1.5 of the Cary Zoning Ordinance and is granted, subject to the following conditions: Variance shall be transferable and run with the structure. The Board voted unanimously to approve the motion. APPLICATION #: 98-11-V STAFF CONTACT: Joseph Jeffries SUBJECT PROPERTY: 1803 N. Harrison Ave. APPLICANT(S): David Taube, Representative for Chick-fil-A REQUEST: To allow the logo to exceed the vertical height of the text. ACTION: A motion was made by Ms. Wayman and seconded by Mr. Rudisill that application 98-11-V has successfully met the requirements of section 6.1.5 of the Cary Zoning Ordinance and is granted, subject to the following conditions: Variance shall be transferable and run with the sign. The Board voted unanimously to approve the motion. APPLICATION #: 98-12-V STAFF CONTACT: Joseph Jeffries SUBJECT PROPERTY: 2303 Davis Drive APPLICANT(S): Gary Lyles, Representative for Merit Tech REQUEST: To allow the logo to exceed the vertical height of the text and locate the logo in the middle of the text. ACTION: Mr. Dascombe made a motion that application #98-12-V has successfully met the requirements of section 6.1.5 of the Cary Zoning Ordinance and is granted, subject to the following conditions: Variance shall be transferable and run with the sign (applicable only to Nationally Registered Trademarks, i.e. Good Year, Certified Auto Service.)
Old Business APPLICATION #: 98-02-A Joseph Jeffries SUBJECT PROPERTY: 1803 N. Harrison Ave. APPLICANT(S): David Taube, Representative for Chick-fil-A REQUEST: To appeal the Zoning Officers decision, not to allow the Logo to exceed the copy of the text of a sign. *ACTION: A motion was made by Ms. Wayman to consider application 98-02-V as withdrawn. The Board voted unanimously to approve the motion.* APPLICATION #: 98-06-V Mark Holland SUBJECT PROPERTY: 915 Pond Street APPLICANT(S): John and Frances Hartnett REQUEST: To allow a proposed addition to encroach approximately 10 feet into the 10 foot side setback. ACTION: A motion was made by Mr. Dascombe and seconded by Mr. Cassell to remove this application from table. The Board voted unanimously to approve the motion. Ms. Jordan then made a motion that application 98-06-V has successfully met the requirements of section 6.1.5 of the Cary Zoning Ordinance and is granted, subject to the following conditions: Variance shall be transferable and run with the structure; three sides of the structure shall remain open. The motion failed by a vote of 6 yeas to 4 nays. The final motion was made by Mr. Dascombe and seconded by Michael Spencer that application 98-06-V has failed to meet the requirements of section 6.1.5 of the Cary Zoning Ordinance and the application is denied due to the following findings: Conditions were not met. The motion was carried by a vote of 7 to 3.
Adjournment *A motion was made by Joyce Jordan and seconded by Joy Wayman to adjourn. The Board voted unanimously to approve the motion and the meeting was adjourned at 10:30 p.m.*
Resource persons: Town Attorney: Charles Henderson Zoning Code Enforcement Officers: Joseph Jeffries, Mark Holland, & Camille McLeod Zoning Administrator: J.W. Shearin Board Secretary: Mary Kotecki