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ZONING BOARD OF ADJUSTMENT
10/08/01 MINUTES
1.  Call to Order

The meeting was called to order by Vice-Chair Mr. Koeppel at 7:30 p.m.
2.  Roll Call
Board Members Present-Voting for continuation of Case 01-A-012:, Jeffrey Bartley, John Berndt, ETJ, Michael Cantrell, Alternate, Robert Cassell, T.C. Frick, Joyce Jordan, Vice-Chair Allan Koeppel, Eric Strom, John Werner and Larry Snead, Alternate.

Board Members Absent: None

Staff Present: Chris Simpson, JW Shearin, Lissa Parrish, Suzanne Prince, Walter Harris and Joanne Gunther.

 
3.  Action on Minutes from the September 10, 2001 meeting.

Ms. Jordan made a motion to approve the minutes, which was seconded by Mr. Werner, and the Board voted (10-0) to approve the minutes.

 
4.  Sworn Testimony

The following individuals were sworn in to give testimony: Allen Phillips and Marilyn Davis
5.  Case Hearings

APPLICATION #: 01-A-012

STAFF CONTACT:  Water Harris

SUBJECT PROPERTY:  6817 Indian Wells Road, Morrisville, NC 27560

APPLICANT: Paul V. Phillips

OWNER(S): Paul and Wilma Phillips

REQUEST: The applicant is appealing a determination made by an administrative officer in case number 01-ZV-256 that operations on the site at 6817 Indian Wells Road constitutes an illegal use. Staff’s decision is based on a complaint and several inspections of 6817 Indian Wells Road whereby a "logging" operation of Triangle Forest Products, Inc. was noted. This use is not a permitted use on property zoned Residential-30 (R30) and appears to exceed the Special Use Permit granted by the Wake County Board of Adjustment on December 8, 1981, and therefore to be an expansion or enlargement of a nonconforming use. The applicant contends that the operation of the "wood yard" at the site is a legal nonconforming use of the property. The applicant says that there has been no expansion or enlargement of the use since 1981 when the special use permit was granted, except for "overflow storage" on an adjacent lot, which applicant says has been terminated.

Since the public hearing held September 10th, a subpoena was issued and information tendered by the applicant, his attorney and Triangle Forest Products, Inc. Mr. Arena also filed a "Second Brief in Opposition to Administrative Decision." The Board permitted Mr. Harris and Mr. Arena to speak. Mr. Koeppel discussed the evidence and testimony and stated that the primary issue was whether the "concentration" work was a legal nonconforming use and whether Mr. Phillips was granted a permit for the concentration work. Mr. Werner stated that the board had sought additional information from the applicant that might permit them to determine the state of the business in 1988, when the property came within the Town’s jurisdiction, and had not received it. Members of the board agreed that the wood "grading" or concentrating business being done was fundamentally different from the firewood business as described in the Wake County Board of Adjustment minutes.

ACTION: Mr. Werner made a motion to deny the appeal based upon consideration of the application materials, staff report, testimony and evidence received at the public hearing, that Appeal #01-A-012 has failed to show that staff erred in the application or interpretation of the terms of the UDO, and the application is denied because the use has been expanded or extended as follows: that the applicant has expanded the use of the yard from the intended purpose of a wood cutting business to that of a concentration yard. Mr. Berndt seconded the motion, and the Board voted (9-1) to approve with Mr. Cassell having the opposing vote.



Mr. Koeppel made a motion to adjourn this portion of the meeting at 8:05p.m. which was seconded by Ms. Jordan in order to allow the regular Zoning Board of Adjustment members to convene.

The meeting was reconvened at 8:15 by Chairperson Gaines Weaver.

Roll Call: Board Members Present-Voting: Chairperson Gaines Weaver, Steve Crutchfield, Jeffrey Bartley, John Berndt, ETJ, Robert Cassell, T.C. Frick, Joyce Jordan, Vice-Chair Allan Koeppel, Eric Strom, John Werner, Larry Snead, Alternate, Lair Block, Alternate and Michael Cantrell, Alternate.
APPLICATION #: 01-V-014

STAFF CONTACT: Suzanne Prince

SUBJECT PROPERTY: 306 Indigo Drive

APPLICANT: Marilyn Davis

OWNER(S): Marilyn Davis

REQUEST: The applicant is requesting a variance to encroach 9.6" (nine and six-tenths inches) into the rear yard setback for the purpose of building a detached two-car garage. This proposed structure is 4.2’ (four feet, two inches) from the rear lot line. Section 11.1.3 (4) of the UDO states that accessory buildings and structures may encroach no closer than 5 feet into the rear lot line.

ACTION: Mr. Werner made a motion that application #01-V-014 has successfully met the requirements of the Cary Zoning Ordinance and is hereby granted, subject to the following conditions: that the variance runs with the land. Ms. Jordan seconded the motion, and the Board voted (10-0) to approve.
6.  NEW/OLD BUSINESS:  Chairperson Weaver mentioned that the next Zoning Board of Adjustment meeting is scheduled for Tuesday, November 13, 2001 instead of Monday, November 12, 2001 in observance of Veteran's Day.
7.  ADJOURNMENT: Mr. Weaver adjourned the meeting at 8:30p.m.