TOWN OF CARY

ZONING BOARD OF ADJUSTMENT MINUTES

July 10, 2000 7:30 PM

AUDITORIUM, BUILDING A, CARY TOWN HALL

Presiding:

Joy Wayman, Chairperson

Secretary:

Debra Connelly-Jones (interim)

Board Members Present-Voting:

Joy Wayman, Chairperson

Jeffrey Bartley

Robert Cassell

Michael Spencer

John Werner

Allan Koeppel

John Berndt, ETJ

Joyce Jordan

Gaines Weaver

Steve Crutchfield

Board Members Absent:

T.C. Frick

Staff Present:

Matt Griffin
Michele Hane
Chris Simpson

Tracy Roberts
Karen Pendleton

AGENDA ITEMS
  1. Call to Order

    The meeting was called to order by Ms. Wayman at 7:30 p.m.
  • Action on Minutes from June 12, 2000 Meeting

    ACTION: A motion was made by Mr. Cassell and seconded by Mr. Weaver to approve the minutes as submitted. The Board voted unanimously (10-0 ) in favor of the motion.
  • The following individuals were sworn in to give testimony:

    • Tracy Roberts, Matt Griffin, John Rue, Douglas Juris, Leah Bulla, Brian Schriber
  • Case Hearings

    • APPLICATION #: 00-08-V

    STAFF CONTACT: Matthew Griffin

    SUBJECT PROPERTY: 1326 Bloomindale Drive

    APPLICANT(S): Arthur & Laurie Madesian

    REQUEST: The applicants are requesting the variance to construct a screened porch structure that would encroach 10 feet into the required 25-foot rear setback.

    ACTION: A motion was made by Mr. Koeppel that application no. 00-08-V has failed to meet the requirements of Section 6.1.5 of the Cary Zoning Ordinance and is hereby denied, due to the following findings: No particular difficulty to the homeowner. Mr. Werner seconded the motion and the Board voted (7 - 3). Motion for the variance was denied.

    __________________________________________________________________________________________

    APPLICATION #:     00-09-V

    STAFF CONTACT: Matthew Griffin

    SUBJECT PROPERTY: 108 Swan Quarter Drive

    APPLICANT(S): Ian and Beverly Small

    REQUEST: The applicants are requesting the variance to construct an elevated deck that would encroach 9 feet into the required 25-foot rear setback.

    ACTION: A motion was made by Ms. Jordan that application no. 00-09-V has successfully met the requirements of Section 6.1.5 of the Cary Zoning Ordinance and is hereby granted, subject to the following conditions: Variance shall be granted for the structure and run with the land. Mr. Crutchfield seconded the motion and the Board voted (6-4). Motion for the variance was denied.

    __________________________________________________________________________________________

    APPLICATION #: 00-10-V

    STAFF CONTACT: Matthew Griffin

    SUBJECT PROPERTY: 802 N. W. Maynard Road

    APPLICANT(S): John Rue

    REQUEST: The applicant is requesting the variance for an existing 2 foot side yard encroachment for a small addition to the carport that would also encroach 2 feet into the same setback. The addition is in line with the existing carport.

    ACTION: A motion was made by Ms. Jordan that application no. 00-10-V has successfully met the requirements of Section 6.1.5 of the Cary Zoning Ordinance and is hereby granted, subject to the following conditions: Variance shall be transferable and run with the land. Mr. Cassell seconded the motion and the Board voted unanimously (10-0) to approve the motion bringing the house into compliance. This motion was removed and the following motion was the final motion.

    ACTION: A motion was made by Mr. Weaver that application no. 00-10-V has successfully met the requirements of Section 6.1.5 of the Cary Zoning Ordinance and is hereby granted, subject to the following conditions: Variance shall be granted to the applicant upon the following conditions: the applicant can build a structure attached to the carport and will run with the structure. Mr. Werner seconded the motion and the Board voted unanimously (10-0 ) to approve the motion bringing the house into compliance.

    __________________________________________________________________________________________

    APPLICATION #:     00-11-V

    STAFF CONTACT: Matthew Griffin

    SUBJECT PROPERTY: 305 Abbey Lane

    APPLICANT(S): Brian T. Schriber

    REQUEST: The applicant is requesting the variance to bring an existing house into compliance. The 20-year-old house was constructed 26.3 feet off Abbey Lane, while the required setback is 35 feet.

    ACTION: A motion was made by Mr. Weaver that application no. 00-11-V has successfully met the requirements of Section 6.1.5 of the Cary Zoning Ordinance and is hereby granted, subject to the following conditions: Variance shall be transferable and run with the structure. Ms. Jordan seconded the motion and the Board voted unanimously (10-0) to approve the motion bringing the house into compliance.
  • New Business

    • There was some discussion regarding corner lot setback requirements.

    Ms. Jordan, Mr. Werner, Mr. Weaver and Mr. Koeppel will not be available for the scheduled August Board of Adjustment meeting. The Board discussed canceling the August meeting due to the absence of the above members.

  • Adjournment

    • There being no further business, the meeting was adjourned at 8:35 p.m.

Resource persons:

Assistant Town Attorney: Chris Simpson

Zoning Code Enforcement Officer: Karen Pendleton

Zoning Code Enforcement Officer: Michele Hane

Planner Matthew Griffin

Senior Planner: Tracy Roberts

Board Secretary: Debra Connelly-Jones (interim)