Cary Town Hall Building A, Auditorium
316 N. Academy Street

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

Staff Present: Chris Simpson, Walter Harris, Beth Lewis, Donna Blackmer and Joanne Gunther.

Minutes from the May 13, 2002 meeting – the quasi-judicial decisions of the Board made at the May 13 meeting were prepared in written form by Town staff and sent to the Board. Board members were given the opportunity to note typographical-type errors and a final version of each decision was signed by the Chairperson. The approval of the Minutes of the May 13th meeting was delayed to the July meeting to confirm the sequence of events in connection with the amendment to the motion for Case 02-V-005.

APPLICATION: 02-V-008

STAFF CONTACT: Beth Lewis

SUBJECT PROPERTY: 101 Olympic Drive, Cary, NC 27513

APPLICANT: Frank Martin

OWNER(S): Frank and Mary Martin

REQUEST: The applicants are requesting a variance of 3.15 feet to the required 20’ corner side yard setback and a variance of 0.71 feet to the required 27 foot front yard setback for an open porch on an existing home. The applicants desire to add a sunroom to the rear of the home that would not encroach any setbacks, but cannot get a building permit because of the existing encroachments.

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

ACTION: Mr. Koeppel made a motion to approve the variance request as there is a practical difficulty because the house with the encroachment(s) already exists, and it would be an undue hardship to ask the applicant to move the house; therefore, it is a unique condition. The applicant did not create the problem. Without a variance, the applicant would not be able to secure a reasonable return from the use of this property. Granting a variance would be within the spirit of the UDO, therefore, the motion is to approve the variance of 3.15 on the 20 foot corner setback and 0.71 foot setback on the 27 foot setback of case 02-V-008, which was seconded by Mr. Werner. Chairperson Weaver made a motion that Mr. Koeppel’s motion be amended to include that the variance will run with the structure, which was seconded by Mr. Bartley. The Board voted (10-0) to permit the amendment to the motion, and the Board voted (10-0) to approve the application for the variance to permit the existing encroachments in the front and side yard.