TOWN OF CARY
ZONING BOARD OF ADJUSTMENT MINUTES
November 9, 1998 7:30 PM

AUDITORIUM, BUILDING A, CARY TOWN HALL
 

Presiding:

Marla Dorrel

Secretary:

Mary Kotecki

Board Members Present-Voting:

Joy Wayman
Michael Spencer
Bob Dascombe

Phillip Rudisill
Robert M. Cassell
Jeffrey O. Bartley

Joyce Jordan
T.C. Frick
Virginia Colvin

Board Members Present-Non Voting:

Charles Krautler
Moultrie Watts

Board Members Absent:

Patricia Harris

Staff Present:

Mike Christenbury
Charlie Henderson

Camille McLeod
Mark Holland

  

Council Liaison:

Jess Ward

    
 

AGENDA ITEM

ACTION
  1. Call to Order
    The meeting was called to order by Ms. Dorrel at 7:30 p.m.
 
  1. Roll Call
 
  1. Action on Minutes from 9/14/98 Meeting

    ACTION: A motion was made by Mr. Cassell and seconded by Mr. Spencer to approve the minutes as submitted. The Board voted unanimously in favor of approval.

Approved
  1. Swearing In

    The following individuals were sworn in to give testimony: Willis Hood (98-28-V), Ken Sarnoff (98-28-V), Steve Lipstone (98-28-V), Edward Chatelain (98-29-V), Gary Bulman (98-30-V), Waite Watten, Mark Holland, Camille McLeod, Mike Christenbury
 

  1. Case Hearings

APPLICATION #: 98-28-V

STAFF CONTACT: Mark R. Holland

SUBJECT PROPERTY: 104 Esplanade Court

APPLICANT(S): Normandies Limited Partnership

REQUEST: The applicant, Normandies Limited Partnership, is requesting a variance to encroach 2 feet into the 10 foot side yard setback on each side of the property.

ACTION: Ms. Wayman made a motion that application # 98-28-V 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: 1) it adversely affects the aesthetics of the neighborhood. The motion was seconded by Mr. Cassell and the Board voted unanimously in favor of the motion to deny.

  

Denied

APPLICATION #: 98-29-V

STAFF CONTACT: Joseph D. Jeffries

SUBJECT PROPERTY: 109 Larkspur Lane

APPLICANT(S): Edward L. Chatelain

REQUEST: The applicant, Edward L. Chatelain is requesting a variance to encroach 1 foot into a 5 foot side setback and 8 inches into a 30 foot front setback.

ACTION: Mr. Dascombe moved and Mr. Spencer seconded a motion that application #98-29-V has successfully met the requirements of Section 6.1.5 of the Cary Zoning Ordinance and is hereby granted, subject to the following condition: Variance shall be transferable and run with the structure. The Board voted unanimously in favor of the motion to approve.

Approved

APPLICATION #: 98-30-V

STAFF CONTACT: Camille Mcleod

SUBJECT PROPERTY: 404 Ralph Drive

APPLICANT(S): Gary and Kathleen Bulman

REQUEST: The applicants, Gary and Kathleen Bulman, are requesting a variance to encroach 8 feet into a 10 foot side setback.

ACTION: A motion was made by Ms. Wayman and seconded by Ms. Jordan that application #98-30-V has successfully met the requirements of Section 6.1.5 of the Cary Zoning Ordinance and is hereby granted, subject to the following condition: Variance shall be tranferable and run with the structure. The motion failed on a vote of 3-7 with the dissenting votes being cast by Ms. Colvin, Mr. Bartley, Mr. Spencer, Mr. Rudisill, Mr. Dascombe, Mr. Cassell and Ms. Dorrel.

 

Denied

  1. New Business

Ms. Dorrel led a discussion of the problem of houses being erected within setbacks and the subsequent variance requests being made after the second or third sale closing on the property. It was suggested that Zoning Code Enforcement staff keep a list of what builders are involved.

ACTION: Ms. Colvin made a motion that the Zoning Code Enforcement staff explore this issue and report back to the Board at the December Board of Adjustment meeting. The motion was seconded by Mr. Dascombe and the Board voted 9-1 in favor of the motion, with Ms. Wayman casting the dissenting vote.

  1. Old Business

Ms. Dorrel suggested that a Zoning Board of Adjustment workshop be planned for January 1999 since David Owens will not be available before that time. Ms. Jordan thought it would be a good idea to invite a speaker with a different perspective. Staff will request a list of speakers from League of Municipalities.

  1. Comments from Council Liaison Jess Ward

Councilman Ward reminded the board members that the applications for Board of Adjustment are due December 1, 1998.

  1. Adjournment

There being no further business, the meeting was adjourned at 9:10 p.m.


Approved

Resource persons:

Town Attorney: Charles Henderson

Zoning Code Enforcement Officers: Joseph Jeffries, Camille McLeod, Mark Holland

Zoning Administrator: J.W. Shearin

Board Secretary: Mary Kotecki