ZONING BOARD OF ADJUSTMENT
05/14/01 MINUTES

Board Members Present-Voting: Eric Strom, Jeffrey Bartley, John Berndt, ETJ, Robert Cassell, Steve Crutchfield, T.C. Frick, Joyce Jordan, Vice-Chair Allan Koeppel,  Chairperson Gaines Weaver and John Werner.

Board Members Absent:  Larry Snead, Alternate

Staff Present:  Chris Simpson, JW Shearin, Lissa Parrish and Joanne Gunther

The minutes were unanimously approved.  Mr. Weaver made a note that case #01-MSU-006, a minor special use for a teen dance club, has been withdrawn by the applicant and was not present at this meeting.

APPLICATION #: 01-V-005

STAFF CONTACT:  JW Shearin

SUBJECT PROPERTY:123 Parmalee Court

APPLICANT: Keith W. Gordon

OWNER(S): Keith W. Gordon

REQUEST: The Town's fence ordinance requires all fences along thoroughfare and collector roads to be placed five feet from the property line and requires that certain shrubs be planted.  The applicant is requesting a variance to allow the installation of a 6ft high wood fence closer than five feet from the property line, due to a sharp drop off in the land elevation along Lewis Stephens Drive at Woodside in the Preston Village Subdivision.  The applicant also requests a variance from the planting requirement if he is not able to get an encroachment agreement permitting the planting of the necessary shrubs.

ACTION: After reviewing the applications materials, hearing testimony and taking evidence, and considering the general purpose and standards set forth in the UDO, a motion was made by Mr. Bartley and seconded by Mr. Werner that application No. 01-V-005 has failed to meet the requirements of Section 6.1.5 of the Cary Zoning Ordinance and is hereby denied due to the following: fence would be too close to the sidewalk along Lewis Stephens Drive. The Board voted (6-4) to deny the variance.

ACTION: A motion was made by Mr. Koeppel and seconded by Mr. Frick with a vote of (9-1) to approve the proposed   amendments to the Rules of Procedure with the following exception: Not to delete the final sentence in Article IV, Alternate Members, that reads as follows: "In addition, at any meeting which an alternate is not called upon to serve, the alternate may participate fully in the meeting, but shall not have the right to vote. Amendment to be followed up by Chris Simpson and the Alternate Members of the Board". The Rules as adopted are attached hereto.