TOWN OF CARY
ZONING BOARD OF ADJUSTMENT 
MINUTES
Monday, December 13, 2004, 7:00PM
Herb Young Community Center
101 Wilkinson Avenue, Cary, N.C.
Web Site: http://www.townofcary.org

1. Call to Order
   The meeting was called to order by Chairman Gaines Weaver at 7:10 p.m.
   
   
2. Roll Call
   Board Members Present – Voting:  John Berndt – ETJ, Lair Block, Vice Chairman Allan Koeppel, Alternate Hari Nath, Lea Strickland, Eric Strom, Chairman Gaines Weaver, and John Werner.
   
   Board Members Absent:  Michael Cantrell, Steve Crutchfield, Charles McDarris, and Alternate Martha Dickerson
   
   Staff Present:  Chris Simpson, Beth Lewis, Debra Grannan and June Nemetz
   
   
3. Action on Minutes from the Previous Meeting:
   
   Decisions from the February 9, 2004 meeting were prepared in written form by Town staff and sent to Board members.  Board members noted no errors and a final version of each decision was signed by the Chairman and mailed to the applicants.
   
   Action on Minutes from the February 9, 2004 meeting:  Mr. Werner moved to approve the minutes, Ms. Strickland seconded the motion and the Board voted (8-0) to approve the minutes.
   
   
4. Sworn Testimony
   The following individuals were sworn in to give testimony:  Donald Burnham, Scott A. Fitzmorris, Lisa H. Fitzmorris, Debra Grannan, and Beth Lewis
   
   
5. Case Hearings
   
   APPLICATION:   04-V-003
   
   STAFF CONTACT:   Beth Lewis
   
   SUBJECT PROPERTY:  113 Brigh Stone Drive, Cary , NC  27513
    
   APPLICANT(S):  Donald W. Burnham, President, B3, Inc.
   
   OWNER(S):  Scott A. and Lisa H. Fitzmorris
   
   REQUEST:  Variance to encroach 4.2 feet into rear setback of 10 feet from 30-foot buffer
   
   ACTION:   Mr. Block moved that based on the application, testimony and evidence, and the general purposes of the LDO, the Board concluded that the applicant does not meet the approval criteria set forth for a variance in Section 3.20.5 of the Cary LDO and that Mr. Burnham for Mr. and Mrs. Fitzmorris be denied the variance to construct an addition to their home.
   
   Mr. Koeppel seconded the motion.  The board voted (4-4) in favor of the motion to deny the variance with Mr. Werner, Mr. Nath, Mr. Strom, and Mr. Weaver casting the dissenting votes.  This motion failed for lack of the concurring vote of at least eight members.
   
   Mr. Werner then moved that based on the application, testimony and evidence, the general purposes of the LDO, and the findings below, the Board concluded that the applicant meets each of the approval criteria set forth for a variance in Section 3.20.5 of the Cary LDO and that Mr. Burnham for Mr. and Mrs. Fitzmorris be granted the variance to construct an addition to their home.
   
   FINDINGS OF FACTS:

   1.    The property is owned by Scott and Lisa Fitzmorris, who have requested the variance.

   2.    The property has the following dimensions: Approximately 55’ along Brigh Stone, 101.83’ along the eastern property line, 173.67’ along the western property line, and 182’ along the rear property line.    

   3.    The property is developed with a single-family residence.

   4.    The property is zoned Planned Development District Major, and requires a 10’ setback from the landscape buffer.

   5.    The applicant is unable to obtain a building permit to add a two-story addition to the residence while meeting the required 10’ setback from the landscape buffer.

   6.    The applicant took part in the required pre-application conference.

   7.    The property has an odd shape and the setbacks were imposed after the purchase of the property.

   Mr. Werner’s motion included conditions that the 4.2-foot variance be strictly adhered to and that the Town impose proper precautions for the trees.

   Mr. Nath seconded the motion.  The board voted (4-4) in favor of the motion to grant the variance with Mr. Block, Ms. Strickland, Mr. Berndt, and Mr. Koeppel casting the dissenting votes.  This motion failed for lack of the concurring vote of at least eight members.  Therefore, the variance request is denied.
   
   

6. New and Old Business
   
   Ms. Lewis explained to the Board that the meeting schedule for 2005 was prepared on an as-needed basis.  A calendar of meeting dates will be sent to the Board, but they will only be notified the month’s that a meeting is necessary.
   
   Board members’ home and cell phone numbers were collected in case of emergency.
   
   

7. Adjournment
   
   Mr. Weaver adjourned the meeting at 7:59 p.m.