TOWN OF CARY  

ZONING BOARD OF ADJUSTMENT  

 AMENDED AGENDA

 

3/3/2008 MEETING IS IN RECESS UNTIL MARCH 26, 2008 AT 7 P.M.

2/20/2008 MEETING IS IN RECESS UNTIL MARCH 3, 2008 AT 6:30 P.M.

1/9/2008 MEETING IS IN RECESS UNTIL FEBRUARY 20, 2008 AT 5 P.M.

12/3/2007 MEETING IS IN RECESS UNTIL JANUARY 9, 2008 AT 5 P.M.

 

  Monday, December 3, 2007, 7 p.m.
Continued on Wednesday, January 9, 2008, 5 p.m.  

Town Hall Council Chambers  

  316 N. Academy Street, Cary, NC   

 

Web Site:  http://www.townofcary.org

 

"The Town of Cary is committed to providing all citizens with the opportunity to participate fully in the public meeting process.  Any person with a disability who needs an auxiliary aid or service in order to participate in any meeting may contact the Town Clerk at least 48 hours prior to the meeting.  The e-mail address is sue.rowland@townofcary.org; the phone number is (919) 469-4011; the TDD number is (919) 469-4012."

1.     Call to Order - Chairperson will remind everyone that the hearing is back in session and then re-state the identification of the case(s), which are #07-AA-01; #07-AA-02; #07-AA-04

2.     Roll Call                                                              Secretary

3.     Adoption of amended agenda                            Chairperson

4     Swearing In – Chairman will remind everyone that was previously sworn that they are still under oath; then offer an invitation to anyone else that intends to speak tonight to come forward now to do so

5.     Continued Public Hearing of Cases                     Jennifer Currin; Jeff Ulma; Michael Brough,                                                                                               Bill Coleman

PLEASE NOTE: The Board of Adjustment is a quasi-judicial board and all testimony before it must be “sworn” testimony.  All persons wishing to speak on an agenda item this evening will be sworn in. If you are sworn in, you do not have to speak; but if you wish to speak, you must be sworn in.  All persons wishing to speak will be heard; however, the Board requests that a group be represented by a spokesperson in order to keep repetitive testimony at a minimum.  Inflammatory or immaterial testimony will not be allowed.

PROCEDURE FOR CASE HEARINGS 

The procedure for hearing a case is as follows: 

·     A staff representative presents a preliminary statement. 

·     The applicant is called on to present the argument in support of the application, followed by others who wish to speak in support. 

·     Persons opposed to the application are invited to speak. 

·     Both sides are permitted to present rebuttals.

·     The hearing is closed.

The Board deliberates in order to reach a decision.  In the course of the deliberation, the Board may ask questions of the staff, applicant or others who have previously testified, but beyond that, additional comments from the floor will be admitted only at the discretion of the chair. 

CONTINUED CASES  

  APPLICATION NO.:  #07-AA-01; #07-AA-02; #07-AA-04 
  LOCATION:  844 E. Chatham Street 
APPLICANT:  Fairway Outdoor Advertising C/O Reginald B. Gillespie, Jr., Faison & Gillespie Attorneys and Counselors At Law 
OWNER:  Elizabeth C. Nowell Limited Family Partnership (ECNLFP) 
REQUEST:  These are the remaining items from original agenda that need to be concluded: 

(1) An appeal of the violation  

(2) An appeal of a decision by the Planning Director not to allow a substitute sign to be permitted using the “unlisted use” provision contained in the LDO, and  

(3) An appeal of the amount of the civil citation. 

6.    Adjournment:   N/A; Board went into recess until February 20, 2008, 5 p.m., without addressing final three agenda items listed above.