AUDITORIUM, BUILDING A
CARY TOWN HALL

Presiding:

Marla Dorrel

Secretary:

Mary Kotecki

1. Call to Order
   
   The meeting was called to order by Ms. Dorrel at 7:35 p.m.

2. Roll Call

Secretary

3. Action on Minutes from 8/10/98 Meeting
   
   ACTION: Mr. Cassell made a motion to approve the minutes as submitted. Ms. Jordan seconded the motion and the Board voted unanimously to approve.

Approved

4. Swearing In
   
   The following individuals were sworn in to give testimony: J.W. Shearin, Joseph Jeffries, Mark Holland, Robert H. Merritt, Jr. (98-24-V), Gordon Brown (98-25-V, 98-26-A), Michael L. Nelson (98-25-V, 98-26-A)

Secretary

APPLICATION #: 98-24-V

STAFF CONTACT: Mark R. Holland

SUBJECT PROPERTY: 106 McCartney Court

APPLICANT(S): Russell C. Wallace

REQUEST: The applicant, Russell C. Wallace, is requesting a variance to allow an existing structure to remain encroached by approximately 10 feet into a 30 foot buffer.

ACTION: Mr. Krautler made a motion to approve the requested variance, subject to the following conditions: Variance shall be transferable and run with the structure. The motion was seconded by Mr. Spencer and the Board approved by a vote of 10-0.

APPLICATION #: 98-25-V

STAFF CONTACT:  Joseph D. Jeffries

SUBJECT PROPERTY: 1300 Buck Jones Road

APPLICANT(S): Crossroads Ford

REQUEST: The applicant, Crossroads Ford, is requesting a variance to allow the Crossroads Ford Truck Center sign to be placed on the canopy.

APPLICATION #: 98-26-A

STAFF CONTACT:  Joseph D. Jeffries

SUBJECT PROPERTY: 1300 Buck Jones Road

APPLICANT(S): Crossroads Ford

REQUEST: The applicant, Crossroads Ford, is appealing a staff interpretation of the definition of a canopy.

ACTION: After a lengthy discussion among the applicants, the applicant’s attorney, members of the Board, and Town of Cary staff, a motion was made by Ms. Wayman to uphold the administrative officer’s decision that the structure is a "canopy" by Town of Cary definition. After further discussion, Ms. Wayman withdrew her motion.

Mr. Krautler then moved that the Board reverse the administrative officer’s decision that the structure is a "canopy" and modify the decision to classify the structure as a "portico" under the definition of the Cary Zoning Ordinance. The motion was seconded by Mr. Cassell and the motion failed by a vote of 6-4 with the dissenting votes being cast by Ms. Dorrel, Ms. Jordan, Mr. Spencer, and Mr. Bartley.

Mr. Krautler then made a motion to overturn the ruling of the Zoning Code Enforcement Officer that the structure is a "canopy" and Mr. Cassell seconded the motion. The motion failed by a vote of 5-5 with the dissenting votes being cast by Ms. Dorrel, Ms. Jordan, Ms. Wayman, Mr. Spencer, and Mr. Bartley.

A motion was then made by Mr. Spencer and seconded by Ms. Jordan to deny the request for a variance on the basis that the Board has determined the structure to be a "canopy". The motion passed on a vote of 9-1 with the dissenting vote being cast by Mr. Krautler.

6. Old Business
   
   Mr. Shearin gave a brief report on the deck encroachment amendment, stating that the amendment was approved by Town Council on Thursday, August 13. The ordinance will allow a property owner to build a deck three feet into a primary building setback.

There being no further business, the Board adjourned at 9:50 p.m.

Board Secretary: Mary Kotecki