TOWN OF CARY
ZONING BOARD OF ADJUSTMENT MEETING
May 11, 1998
7:30 PM

AUDITORIUM, BUILDING A CARY TOWN HALL

Presiding:

Marla Dorrel

Secretary:

Cathy Reynolds

Board Members Present-Voting: Joy Wayman
Joyce Jordan
Michael Spencer
Phillip Rudisill
Robert M. Cassell
Jeffrey O. Bartley
Bob Dascombe
Patricia Harris
Moultrie Watts
Board Members Present-Non Voting: Charles Krautler T.C. Frick  
Board Members Absent: Virginia Colvin    
Staff Present: J.W. Shearin
Camille McLeod
Joseph Jeffries
Mark Holland
 
Council Liaison: Jess Ward    
  1. Call to Order
  2. Roll Call
  3. Action on Minutes from April 13, 1998
    ACTION: A motion was made by Mr. Cassell and seconded by Ms. Jordan to approve the minutes as amended. The Board voted unanimously to approve the motion.
  4. Swearing In
    The following were sworn in to give testimony: Mike Fox, David J. Wilson(98-13-A), Fiore Bergamasco(98-14-V)

Chairman

Secretary

Chairman


Secretary

  1. NEW CASES

APPLICATION #: 98-13-A 

STAFF CONTACT:  Mark Holland

SUBJECT PROPERTY: 6446 Tryon Road

APPLICANT(S): David Wilson, Representative for Jersey Mike’s Giant Sub

REQUEST: The applicant is appealing staff determination that any sign painted on a vehicle is a portable sign and therefore cannot be parked for the primary purpose of displaying that sign.

ACTION: Mr. Cassell made a motion that application 98-13-A to affirm the administrative officer’s decision based on the following findings: The sign painted on the side of the commercial vehicle is being used for the primary purpose of display. Mr. Spencer seconded the motion and the Board voted 9 yeas and 1 nay. The motion carried.


APPLICATION #: 98-14-V Camille P. McLeod

SUBJECT PROPERTY: 317 Silverberry Court

APPLICANT(S): Fiore and Patricia Bergamasco

REQUEST: The applicant is requesting a variance to allow an 11 foot encroachment into the 40 foot aggregate front and rear yard setback.

ACTION: Ms. Wayman made a motion that application 98-14-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. Ms. Harris seconded the motion and the Board voted 7 yeas and 3 nays the motion failed. A second vote was taken: Mr. Dascombe made a motion to deny the application. Mr. Brantley seconded the motion and the Board voted 5 yeas and 5 nays to deny. A third vote was taken: Mr. Dascombe made a motion to table this case until the next meeting. Mr. Spencer seconded the motion and the Board voted unanimously to table the motion.

  1. New Business

Sign Ordinance Changes J.W. Shearin

Board’s responses to be return by the next meeting.

Workshop Dates Marla Dorrell

Date to be upcoming.

Photo ID’s Marla Dorrell

Board members should have ID’s with them when visiting a site.

Deck Encroachment J.W. Shearin

To be discussed at the Planning & Development Committee.

  1. Old Business

None.

  1. Adjournment

A motion was made by Mr. Cassell and seconded by Ms. Jordan to adjourn. The Board voted unanimously to approve the motion and the meeting was adjourned at 9:38 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