- Case Hearings
APPLICATION:
04-V-002
STAFF CONTACT:
Beth Lewis
SUBJECT PROPERTY:
922 W. Chatham Street,
Cary, NC 27511
(Real ID #0017847)
APPLICANT(S):
Jerry and Anne Hailey
OWNER(S): Jerry and
Anne Hailey
REQUEST: An
administrative appeal from the November 10, 2003 letter of Charles
Brown denying zoning verification that a “group home” use would be
permitted.
The
parties stipulated that, although the zoning verification letter from
Charles Brown used the address 922 West Chatham Street, a duplex
dwelling, the actual property is a single family detached dwelling at
“924” West Chatham, located on the same real property.
TESTIMONY:
Ms.
Lewis presented the case for the Town.
Mr. Hailey’s attorney,
Henry Fordham, presented the case on Mr. Hailey’s behalf.
Mr. Hailey and Ms. Helms spoke in favor of the application
including information on their planned use of the property as a group
home (residents, staff, etc.) and that it did not involve a change in
the structure of the dwelling. A
flip chart was entered into evidence by the town and several exhibits
were entered by Mr. Fordham for the applicant.
Mr. Brown stated that his decision about the zoning
verification would be the same for the duplex at
922 W.
Chatham Street
or the
single-family house at
924 W. Chatham Street.
The
board discussed nonconforming use and whether the LDO prohibition on
changing a nonconforming use to another nonconforming use meant the
general use classification of “Residential” or meant the more
specific use type or class.
ACTION:
Mr. Koeppel moved that the decision of the Town official
was correct, and the Staff decision is affirmed.
After conducting a duly advertised public hearing and reviewing
the application, testimony and evidence and the general purposes of
the LDO, we find the following:
FINDINGS OF FACT:
1. The applicants are Jerry and Anne Hailey, who own the
Property at
924 W.
Chatham Street
.
2. The property is
developed with a “Dwelling”.
3. The property is
zoned OICU, Office and Institutional Conditional Use.
4. No Residential
use is permitted in OICU, except legal nonconforming Residential uses.
5. The Property has
been used as a single family residence and is a legal non-conforming
use.
6. A change to group
home is a subcategory of “Group Living Use” another type of
“Residential Use” but is
not
permitted in this zoning area.
Ms. Strickland seconded the motion.
The board voted (9-1) to affirm the Staff decision with Mr.
McDarris casting
the dissenting vote.
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