TOWN OF CARY
ZONING BOARD OF ADJUSTMENT MINUTES

Monday, March 11, 2002, 7:30 PM
Cary Town Hall Building A, Auditorium
316 N. Academy Street
Call to Order
The meeting was called to order by Chairman Gaines Weaver at 7:30 p.m.
Roll Call

Board Members Present-Voting: Jeffrey Bartley, John Berndt, ETJ, Steve Crutchfield, T.C. Frick, Vice Chairman Allan Koeppel, Alternate Larry Snead, Chairman Gaines Weaver, John Werner, Alternate Lea Strickland and Michael Cantrell and Alternate Peter Coleman.

Board Members Absent: Lair Block and Eric Strom.

Staff Present: Chris Simpson, JW Shearin, Suzanne Prince, Walter Harris, Lawrence Hardee, Beth Lewis and Joanne Gunther.
Election of Vice-Chairperson: Mr. Weaver took nominations for the position of Vice-Chairperson. Mr. Werner made a motion to elect Mr. Koeppel as Vice-Chairperson, which was seconded by Mr. Berndt.

Action on Minutes from the January 14, 2002 meeting.

Mr. Werner made a motion to approve the minutes, which was seconded by Mr. Koeppel and the Board voted (10- 0) to approve the minutes.
Sworn Testimony:

The following board members were given the oath of office for the Zoning Board of Adjustment: Mr. Weaver, Mr. Koeppel, Mr. Cantrell, Mr. Coleman and Ms. Strickland.

The following individuals were sworn in to give testimony: JW Shearin, Suzanne Prince, Lawrence Hardee, Walter Harris, Joel Deese, Jennifer Goodwin, Jennifer Pitarra, Greg Meyer, Mark Keito and Kelly Commiskey.
Case Hearings:

APPLICATION: 02-V-002

STAFF CONTACT: Suzanne Prince

SUBJECT PROPERTY: 117 Willoughby Lane, Cary, NC

APPLICANT: Joel and Amalia Deese

OWNER(S): Joel and Amalia Deese

REQUEST: The applicants are requesting a variance to build a 14-foot wide addition encroaching into the 18-foot required corner side yard setback by 4 feet.

After hearing testimony from staff and the applicant, the Board discussed the application.

1.The property is owned by Joel and Amalia Deese, all of whom have requested the variance.

2.The property has the following dimensions. This property is 85 feet on the rear; 74.29 feet on the front side on Willoughby Lane; 106.63 feet on the interior side; and approximately 100 feet along the Cricket Hill Lane side.

3.The property is developed with a residence.

4.The property is zoned R-8, which is residential and requires 18 foot corner side yard setback.

5.The applicant desires to build an addition to their house and is not able to obtain a building permit because the addition would encroach 4 feet into the corner side yard setback.

ACTION: Mr. Koeppel made a motion that the following findings be made:

1.The property is owned by Joel and Amalia Deese, all of whom have requested the variance.

2.The property has the following dimensions. This property is 85 feet on the rear; 74.29 feet on the front side on Willoughby Lane; 106.63 feet on the interior side; and approximately 100 feet along the Cricket Hill Lane side.

3.The property is developed with a residence.

4.The property is zoned R-8, which is residential and requires 18 foot corner side yard setback.

5.The applicant desires to build an addition to their house and is not able to obtain a building permit because the addition would encroach 4 feet into the corner side yard setback.

Mr. Koeppel also moved that based upon the application and testimony and the general purpose of the Unified Development Ordinance (UDO), that application 02-V-002 be denied because it does not meet the requirements for a variance in Section 6.1.5 of the Cary UDO based on the following findings: There are not unique conditions existing on the property, and the conditions would be a result of the applicant’s doing. The motion was seconded by Mr. Snead. The Board voted (7-3) to deny the variance with Mr. Crutchfield, Mr. Frick and Mr. Werner having the dissenting votes.
APPLICATION: 02-V-003

LOCATION: 235 Dutchess Drive, Cary, NC

APPLICANT: Jennifer Goodwin

OWNER(S):. Jennifer Goodwin

REQUEST: The applicant is requesting a variance to encroach within the required 10’ setback of a 30’ Type B buffer.

ACTION: Mr. Werner made a motion that the following findings be made:

  1. The property is owned by Jennifer Goodwin (Kirby), who has requested the variance.
  2. The property has the following dimensions: rear property line is 167.6; the southern side property line is 123.56’; the northern side property line is 172.94; and the front property line is 41.97.
  3. The property has a residence on it.
  4. The property is zoned R-12 Conditional Use which is residential and requires a variance to encroach the entire 10’ setback into the required buffer. The property has the following conditions attached by Council to the special use, subdivision plat, site plan or conditional use district or master plan for a PUD:
  • Access to this portion of the project will be by Dutchess Drive through Dutchess Village. This street will become a cul-de-sac and will not tie together with the multifamily portion of the project.
  • Additional buffers shall be provided as shown in the map on file in the Town of Cary Department of Planning and Development for rezoning case Z-716-93-1. This map shall be considered part of these zoning conditions.
  • All buffers shall remain undisturbed (except for necessary utility connections) to the extent possible. Utility crossings in buffers shall be at a 90-degree angle.
  • All dwellings shall contain a minimum of 1600 square feet of finished living area (excluding garage).
  • Minimum front yard setback from the street right-of-way shall be 30 feet.

5. The following setbacks apply: this property requires a 30-ft. rear yard setback with an additional 10’ setback from the buffer.

6. The property presently has a deck that encroaches 10’ feet into the 10’ setback from the required 30’ buffer. The applicant is also asking to extend the deck in a manner, which will not further the encroachment. Further, the applicant is requesting to enclose the entire structure.

7. The applicant purchased the property with the deck in existence, not knowing of the encroachment.

8. The applicant desires to enclose an existing deck and enlarge the deck in an area that would not further the encroachment. The applicant is not able to obtain a building permit because of the existing (and proposed) structure that encroaches into the buffer setback.

Mr. Werner also moved to approve application 02-V-003 for a variance to allow the existing deck to continue to allow expansion of the existing deck, as long as it does not extend farther into the setback and to allow the enclosure of the existing deck, which was seconded by Ms. Strickland. The Board voted (10-0) to approve the variance.

 

New Business: Rules of Procedure

ACTION: Chris Simpson went over the revised Rules of Procedures as submitted to the Board members. See above link to Rules of Procedure.

Mr. Werner made a motion to approve the revisions to the Rules of Procedure presented to the Board with the exception of Section D., Item 2, which is to remain in its present form until further research can be done on the approval process of the minutes, which was seconded by Mr. Bartley. The Board voted unanimously (10-0) to adopt the changes to the Rules of Procedure as amended.
Old Business:
  • A follow-up on Selly Manor Court was presented by Lawrence Hardee. Mr. Hardee indicated that Robuck Homes has submitted a new plot plan and foot plan of the house in order to conform to the 18-foot sideyard setback requirement. They have done the demolition to the framing that was necessary in order to bring it into compliance. They put in new foundation and are currently in the process of reframing the house to close it back in on the corner. They also revised their building permit application, as well as the plans, to accommodate the new change. Everything was approved based on it complying with all the setback requirements.
  • A follow-up on the Phillips case was presented by Walter Harris. Mr. Harris reported that there is nothing to report at this point in time. He indicated that they have until April to finish their appeal. Mr. Phillips has been in on occasion and has spoken to him about another property that is zoned Planned Employment Center (PEC) with a concentration yard in that vicinity. However, no decision has been made at this time.
Adjournment: Mr. Weaver adjourned the meeting at 8:35 p.m.