TOWN OF CARY
ZONING BOARD OF ADJUSTMENT 
MINUTES
Monday, December 12, 2005, 7 p. m. 
Temporary Town Council Chambers
Herb Young Community Center
101 Wilkinson Avenue, Cary, NC
Web Site: http://www.townofcary.org
  

1.   Call to Order:
The meeting was called to order by Chairman Gaines Weaver at 7:03 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, Robert Cassell, Steve Crutchfield, and Alternate Catherine Heath

3.   Board Members Absent:  Charles McDarris, John Werner, and Alternate Martha Dickerson

Staff Present:  J.W. Shearin, Debra Grannan,  Jennifer Currin, Mark Tutor, JoAnne Carlyle, Shelley Kirk, and June Nemetz

4.   Action on Minutes from the Previous Meeting:

Decisions from the December 13, 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 December 13, 2004 meeting:  Ms. Strickland moved to approve the minutes; Mr. Strom seconded the motion and the Board voted (10-0) to approve the minutes.

5.       Case Hearings: 
  

NEW CASES

APPLICATION:   #05-V-002

LOCATION:      2740 NC Highway 55, Cary , NC 27519

APPLICANT:     Brenda Carroll

OWNER:           Crown/West Park, LLC

REQUEST:        A variance to allow an additional 25.2 square feet of wall sign area

TESTIMONY:  The following individuals were sworn in to give testimony:  Debra Grannan, Jennifer Currin, Dean Marion, and Brenda Carroll.  Ms. Grannan presented the case for the Town.  Ms. Brenda Carroll presented her case and spoke in favor of the application.  Dean Marion also spoke in favor of the request.  Main issues addressed were buffers to NC Highway 55, four-sided entrance to building, elevation differentials among tenants, visibility of signage from roads; and grade differentials in the building’s design.  Signage discrepancies between tenant’s location and Shopping Center’s Uniform Sign Plan requirements resulted in the failure of the owner to properly calculate the “boxing in” requirement of the lettering and blank space requirements between signs.  Applicant was the last tenant to occupy the four spaces and acknowledged that her lease stated she would get her “fair share” of signage, but at final calculations with the Planning Department, the applicant considers the remaining space for signage inadequate.

ACTION:   Mr. Koeppel moved that based on the application, testimony and evidence, the general purposes of the LDO, the findings below, and the application for variance, the Board conclude that the applicant has met the approval criteria set forth for a variance in Section 3.20.5 of the Cary LDO, and therefore the application for variance be granted based on findings 1 through 11 below:  

FINDINGS OF FACT: 

  1. The property is owned by Crown/West Park, LLC., located at 2740 NC 55 Highway.  Brenda Carroll is a tenant in this building and has requested the variance.  Ms. Carroll’s request is supported by the property owner.

  2. The property has the following dimensions: The outparcel side elevation, which faces NC 55 Highway, is 78 feet. The east elevation toward the back of the shopping center is also 78 feet. The north elevation facing the entrance drive and the south elevation facing Parkscene Lane are both 45 feet.    
  3. The property is developed with a mix of office and retail uses.
  4. The property is zoned PDD Major and requires compliance with the West Park Shopping Center Uniform Sign Plan.
  5. This is a two story building with four tenants.
  6. The applicant took part in the required pre-application conference.
  7. Special circumstances or conditions exist that are not common to other similarly situated areas or buildings. 
  8. Practical difficulty may result from strict compliance with the Ordinance’s standards.  
    a.   While there can be a beneficial use of the property without the variance, this tenant would not have the same sign area allowed to other tenants in this shopping center and would have reduced visibility for their business.; and  
    b.  The character of the neighborhood would not be adversely impacted by granting this variance.; and  
    c.  Granting this variance would have no impact on the delivery of public services.; and  
    d.  The basic requirements staff needs to determine allowable sign area are part of the Town’s Land Development Ordinance.  The ability to complete the calculation depends on the number of tenants in the building and an assessment of their total sign requests.  The process is more complex for multi-tenant buildings and takes into consideration placement of doors and windows.; and  
    e.  There is no other process to grant an increase in allowable sign area.; and
  9. The basic requirements of the Uniform Sign Plan, in terms of colors, material and letter style will still be met.
  10. The shape and style of this particular building is unique when compared to other single tenant buildings on site.
  11. Granting this variance will ensure an equitable amount of sign area for this tenant on this out-parcel comparable to the Dunkin Donuts/Baskin Robbins’ sign area.  

Mr. Block seconded the motion.  The board voted seven (7) in favor of the motion and three (3) in opposition to the motion with Mr. Berndt, Ms. Strickland, and Mr. Strom casting the dissenting votes.  The application for variance was DENIED because there were not at least eight (8) votes in favor of the motion.  


APPLICATION:  #05-V-003

LOCATION:      Parcel address is 2700 NC Highway 55, Cary, NC, for store front at 2726
                        NC Highway 55, Cary, NC

APPLICANT:     David Crawford

OWNER:           Crawford Brothers Company

REQUEST:         A variance to allow an extra 12 square feet of wall sign area for an individual
                         tenant space in the West Park Place Shopping Center

TESTIMONY:  The following individuals were sworn in to give testimony:  Debra Grannan, Jennifer Currin, and David Crawford.  Ms. Grannan presented the case for the Town.    Mr. David Crawford presented his case and spoke in favor of the application.  Issues addressed related to previous case for West Park Shopping Center as related to signage availability on this currently vacant space.  This particular space is triangular shaped with very little store frontage for signage and severely shortened compared to other tenants signage, by almost three-fourths.   

ACTION:   Mr. Block moved that based on the application, testimony and evidence, and  the general purposes of the LDO, the Findings of Fact, and the application for variance, the Board conclude that the applicant meets each of the approval criteria set forth for a variance in Section 3.20.5 of the Cary LDO and the variance be granted based on findings 1 through 14 below:

FINDINGS OF FACT: 

  1. The property is owned by Crawford Brothers Company who has requested the variance.
  2. The property has the following dimensions: 374 feet along the rear elevation, 265 feet along the front elevation, 60 feet on the side elevation facing NC 55 Highway, and 80 feet on the side internal to the shopping center. The tenant space only has a storefront of four (4) linear feet.    
  3. The property is developed with a mix of retail and office uses. 
  4. The property is PDD Major and requires compliance with the West Park Shopping Center Uniform Sign Plan.
  5. At the time of this variance request, the tenant space is currently vacant.
  6. The applicant took part in the required pre-application conference.
  7. Special circumstances or conditions exist that are not common to similarly situated areas or buildings. These special circumstances are: The tenant space is pie shaped, whereas all the other in-line tenants have almost rectangular tenant spaces. There are eight in-line tenants in this building, but this is the only tenant with four (4) linear feet of tenant space. and
  8. While a  beneficial use of the property can exist without the variance, this tenant would not have the same sign area allowed to other tenants in this shopping center and would have reduced visibility for their business; and
  9. The variance would not alter the character of the shopping center or cause a detriment; and
  10. There is practical difficulty that may result from strict compliance with the Ordinance; and
  11. Granting this variance would have no effect on the delivery of public services; and
  12. The applicant did not purchase the property with knowledge of the requirements because these requirements did exist when the applicant bought the property; and
  13. There is no other alternative for the applicant to pursue to increase the square footage for signage; and
  14. The requested variance will not have the effect of nullifying or impairing the intent and purposes of the  specific standards, the Ordinance or the Comprehensive Plan. The intent of the Uniform Sign Plan is to provide a consistent look and prevent excessive signage. The applicant will still meet all other requirements as specified in the West Park Shopping Center Uniform Sign Plan such as color, materials, and font style.  

Ms. Strickland seconded the motion.  The applicant’s request for variance was GRANTED by the Board’s unanimous vote (10-0).  

6.   New and Old Business:  
a.  Memo dated December 12, 2005 from Town Attorney Chris Simpson was provided to each board member prior to meeting.  Mr. Weaver requested all members read it and become familiar with contents which detail changes in Planning Laws taking effect on January 1, 2006 that affect the Board of Adjustment.  
b.  “Proclamation for Volunteer Month” read by Debra Grannan to the Board.  

7.   Adjournment:  Mr. Werner adjourned the meeting at 8:12 p.m. and motion seconded by Ms. Strickland. The Board voted unanimously to adjourn.