ZONING BOARD OF ADJUSTMENT
06/11/01 MINUTES

The minutes were unanimously approved.  

APPLICATION #: 01-V-008

STAFF CONTACT:  Suzanne Prince

SUBJECT PROPERTY:500 thru 509 New Waverly Place

APPLICANT: Brad McGinnis, JF Properties, LLC

OWNER(S): Brad McGinnis, JF Properties, LLC

REQUEST: The applicant is requesting a variance to increase the allowable square footage of signage from 120 square feet to 300 square feet for the Waverly Office Park buildings.

ACTION:  After hearing testimony from Suzanne Prince and Brad McGinnis, Mr. Snead made a motion to find that the Waverly Office Park buildings were approved and constructed with recessed sign panels in place, that applicant had successfully me the requirements of 13.2.15(f) and to grant the sign area variance application to permit 300 square feet of sign for Waverly Office Park buildings, subject to three conditions. The conditions are: (1) signage rectangle limited to 3 feet by 100 feet; (2) signage limited to the recessed sign areas on each building, and (3) the variance would only apply to office building facades with two entrances. Mr. Crutchfield seconded the motion. Mr. Weaver made a motion to amend the motion to include the specific findings that strict enforcement would result in practical difficulties or unnecessary hardship for the applicant because: strict application of the UDO would restrict the signage of the subject property to a greater degree than it restricts other properties; granting the variance is necessary to insure reasonable view of the site from adjoining roadways; granting the variance is necessary to relieve a practical difficulty or unnecessary hardship that is suffered by the applicant alone; granting the variance will not confer a special privilege on the applicant that would normally be denied under the UDO to another applicant' the applicant's situation is unique and is not one that is shared by other properties; and granting the variance will not deter from the original intent of the uniform sign plan for the UDO for uniformity and aesthetic appeal between signs on the same property. This motion was seconded by Mr. Block and passed (10-0). Mr. Crutchfield made a motion to add a condition to limit the sign to the recessed areas. Mr. Cassell seconded this motion. The Board voted (10-0) to accept the amendments and voted unanimously to grant the variance as amended.

APPLICATION #: 01-A-009

STAFF CONTACT: Suzanne Prince

SUBJECT PROPERTY: 2501 Aerial Center Parkway, Suite 101

APPLICANT: Pizzagalli Properties, LLC

OWNER(S): Pizzagalli Properties, LLC

REQUEST: The applicant is appealing a staff decision issuing a violation letter to the aforementioned applicant concerning the use of pennants on light poles and in public street right-of-ways. Staff’s decision is based on their interpretation of the Town of Cary Sign Ordinance, Section 13.2.5 (e), Prohibited Signs and Devices, specifically, Pennants.

ACTION: After testimony was presented by the Town and the applicant, the applicant withdrew his appeal and stated that the signage would be removed within thirty (30) days.

APPLICATION #: 01-V-010

STAFF CONTACT: Suzanne Prince

SUBJECT PROPERTY: 105 Esk Court

APPLICANT: Joe and Whitley Austin

OWNER(S): Joe and Whitley Austin

 

REQUEST: The applicant is requesting a variance to permit them to keep a fence that exceeds 8 feet in heigh in violation of 13.1.10 (b), and is installed with the "finished side" away from the right-of-way in violation of 13.1.10 (g), erected at the rear of 105 Esk Court.

ACTION: After hearing testimony from Suzanne Prince and Mr. Austin, Mr. Snead made a motion finding that the fence was unique in that it had to match existing fences that were erected prior to the 8 fot limit and that a variance to permit sections of the fence to exceed 8 feet be granted. The motion was seconded by Mr. Werner. A motion was made to amend the motion to include granting a variance to exempt the fence from the requirements of 13.1.10 (g) and permit the unfinished side to face right-of-way. This motion was seconded. The Board voted (10-0) to approve the amended motion.