TOWN OF CARY
ZONING BOARD OF ADJUSTMENT MINUTES
August 10, 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
T.C. Frick
Michael Spencer


Charles Krautler

J.W. Shearin
Charlie Henderson

Jess Ward

Phillip Rudisill
Robert M. Cassell
Jeffrey O. Bartley



Joseph Jeffries
Mark Holland

Bob Dascombe
Patricia Harris
Moultrie Watts

 

 

 

 

 
  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 7/13/98 Meeting

    ACTION: Mr. Cassell made a motion to approve the minutes as submitted. Mr. Watts 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, Bakulesh T. Naik (98-21-A), Mrs. Vandana Naik (98-21-A), John Evans (98-21-A), Susan Evans (98-21-A), Kathleen M. Thornton (98-21-A), Jim Phillips (98-21-A), Jeffrey Loren Thorne (98-21-A), Leigh Thorne (98-21-A), Sherri Keister (98-21-A), Sarkis M. Zartarian (98-21-A), Virginia Colvin (98-21-A), David Colvin (98-21-A), Michael Fox (98-21-A), Robin D. Boyles (98-23-SU), Raj Patel

Secretary
  1. New Cases

Application #  98-21-A

Staff Contact:  Joseph D. Jeffries

Subject Property: 303 Bradwyck and 304 Breckenwood

Applicant(s): Westminster Homes Inc.

Request: The applicant, Westminster Homes Inc., on behalf of the property owners, John & Susan Evans and Bakulesh & Vandana Naik, is appealing a staff decision that gates are not allowed in the fence as defined by the zoning condition in rezoning case Z-664-92-PUD.

ACTION: After a lengthy discussion among the applicants, the applicant’s attorneys, members of the opposing neighborhood, and Town of Cary staff, a motion was made by Ms. Wayman to affirm the administrative officer’s decision based on the following findings:

1. The buffer and fence were part of the rezoning conditions (Z-664-92- PUD).
2. Among the conditions of the agreement between Westminster Homes and the residents of Harmony Hills are a 50’ undisturbed buffer and a 7’ wood privacy fence connected at the ends to other fences to preserve its continuity and integrity.

The motion was seconded by Mr. Spencer and the Board voted unanimously to approve the motion.

Application #  98-23-SU

Staff Contact: Mark R. Holland

Subject Property: 208 Tapestry Terrace

Applicant(s): Robin Boyles

Request: The applicant, Robin Boyles, is requesting a special use for the expansion of a nonconforming structure.

ACTION: Mr. Dascombe made a motion to allow the application requesting an existing nonconforming structure to remain encroached by eight feet into the ten foot buffer setback. The motion was seconded by Mr. Watts and the Board voted unanimously in favor of the motion.

Application #  98-22-V

Staff Contact:  Mark R. Holland

Subject Property: 208 Tapestry Terrace

Applicant(s): Robin Boyles

Request: The applicant, Robin Boyles, is requesting a variance to eliminate the buffer setback and encroach approximately 6 feet into the buffer.

ACTION: Ms. Wayman moved and Mr. Cassell seconded a motion that application 98-22-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. The motion failed by a vote of 5-5, with Dorrel, Dascombe, Rudisill, Spencer and Bartley casting the dissenting votes.
  1. Old Business

Mr. Shearin gave a brief report on the deck encroachment amendment, stating that the amendment has progressed through the Planning Board, has had some language changes and will go to Council on Thursday, August 13. The ordinance will allow a property owner to build a deck three feet into a primary building setback.
  1. Adjournment

There being no further business, the Board adjourned at 11:30 p.m.

Resource persons:

Town Attorney: Charles Henderson

Zoning Code Enforcement Officers: Joseph Jeffries & Mark Holland

Zoning Administrator: J.W. Shearin

Board Secretary: Mary Kotecki