TOWN OF CARY
ZONING BOARD OF ADJUSTMENT MEETING
July 13, 1998 7:30 PM

AUDITORIUM, BUILDING A
CARY TOWN HALL

Presiding:

Marla Dorrel

Secretary:

Mary Kotecki

Board Members Present-Voting:

Board Members Present-Non Voting:

Staff Present:

Council Liaison:

Joy Wayman
Joyce Jordan
Michael Spencer


Charles Krautler

J.W. Shearin
Camille McLeod

Jess Ward

Phillip Rudisill
Robert M. Cassell
Jeffrey O. Bartley


T.C. Frick

Joseph Jeffries
Mark Holland

Bob Dascombe
Patricia Harris
Virginia Colvin

 

Moultrie Watts

Charlie Henderson

  1. Call to Order
    The meeting was called to order by Ms. Dorrel at 7:30 p.m.

Chairperson

  1. Roll Call

Secretary

  1. Action on Minutes from 6/8/98 Meeting

    ACTION: Mr. Cassell made a motion to approve the minutes as amended to show the vote on Application #98-14-V as 8-2 with Mr. Bartley and Ms. Dorrel casting the dissenting votes. Ms. Jordan seconded the motion and the Board voted unanimously to approve.

Approved

  1. Swearing In

    The following individuals were sworn in to give testimony:
    J.W. Shearin, Mark Holland, Joseph Jeffries, Camille McLeod, Michael B. Stearns (98-15-V), Christopher M. Wyne (98-16-V), George Diamont (98-16-V), Paula Wasinger (98-17-V), George B. Sawyer (98-17-V), Lawrence Hardee (98-18-V), Raymond Coogan (98-18-V), Colleen Coogan (98-18-V), Susan Folckemer (98-19-V), Terry Allen (98-19-V)

Secretary

  1. New Cases

APPLICATION #: 98-15-V

STAFF CONTACT:  Joseph D. Jeffries

SUBJECT PROPERTY: 218 Kronos Lane

APPLICANT(S): Michael B. Stearns

REQUEST: The applicant is requesting a variance to allow an existing structure to continue to encroach into a buffer and buffer setback.

ACTION: Ms. Wayman made a motion that this application 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 in favor of the motion.


APPLICATION #: 98-16-V

STAFF CONTACT:  Camille P. McLeod

SUBJECT PROPERTY: 108 Trafalgar Lane

APPLICANT(S): Christopher M. Wyne

REQUEST: The applicant is requesting a variance to allow an existing structure to remain encroached 4 feet into a front yard setback.

ACTION: Mr. Rudisill moved that the above application 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. The motion was seconded by Mr. Cassell and the Board voted unanimously in favor of the motion.


APPLICATION #: 98-17-V

STAFF CONTACT:  Mark R. Holland

SUBJECT PROPERTY: 960 Kildaire Farm Rd.

APPLICANT(S): Pam Duke of Collins Signs, representing K-Mart

REQUEST: The applicant is requesting a variance to allow a wall sign to exceed the maximum allowable square footage.

ACTION: Ms. Wayman moved that above application 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: The applicant is requesting an unfair advantage over the other tenants of Mayfair Plaza. Mr. Spencer seconded the motion and the motion passed on a vote of 8-2 with Mr. Dascombe and Mr. Rudisill casting the dissenting votes.


APPLICATION #: 98-18-V

STAFF CONTACT:  Camille P. McLeod

SUBJECT PROPERTY: 106 Mont-de-sion

APPLICANT(S): Ray Coogan

REQUEST: The applicant is requesting a variance to allow a 17 inch encroachment into the side yard setback

ACTION: Mr. Dascombe moved that the above application 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 to approve the motion.


APPLICATION #: 98-19-V Mark R. Holland

SUBJECT PROPERTY: 102 Ridgepath Way

APPLICANT(S): John & Susan Folckemer

REQUEST: The applicant is requesting a variance to encroach 11 feet into the 25 foot rear yard setback

ACTION: Mr. Cassell made a motion that above application has successfully met the requirements of Section 6.1.5 of the Cary Zoning Ordinance and is hereby granted, subject to the following conditions: (1) Variance shall be transferable and run with the structure; (2) Applicant places screening along full length of property line to meet satisfaction of adjacent neighbor. Ms. Harris seconded the motion. The motion failed on a vote of 5-5 with Dorrel, Dascombe, Spencer, Bartley and Colvin casting the dissenting votes. The request was denied.


APPLICATION #: 98-20-V Joseph D. Jeffries

SUBJECT PROPERTY: 716 Kornegay Place

APPLICANT(S): Gary Ferro

REQUEST: The applicant is requesting a variance to encroach 5 feet into the 10 foot side yard setback

(Application 98-20-V has been withdrawn by request of the applicant effective July 2, 1998)

  1. Adjournment

There being no further business, the meeting was adjourned at 9:40 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