CASE:

00-01-V

STAFF CONTACT:

Matt Griffin
Planner
(919) 469-4342
mgriffin@ci.cary.nc.us

APPLICANT(S):

Future Homes by Odell Thompson

OWNER(S):

Future Homes by Odell Thompson

LOCATION:

308 Tattenhall Dr. (Lot 29, Danbury)

PRESENT ZONING:

R10 Conditional Use

REQUEST:

The applicant, Future Homes by Odell Thompson, is requesting a setback variance to allow a home to be constructed so that it encroaches three (3) feet into the required twenty-five (25) foot minimum setback from the side property line. The 25 foot setback is comprised of a 15 foot buffer and a 10 foot building setback from the buffer.

The site plan for Danbury Subdivision was approved in 1996. At that time the property to the east (now known as the Kensington at Regency Subdivision) was not developed, nor had any development plans been submitted to the Town. As such, a 15-foot buffer was required for the entire eastern boundary of the Danbury Subdivision property.

Had the property to the east been residentially developed (as it is now) at the time the Danbury Subdivision was developed, a buffer would not have been required. However, that is not the case, and a buffer does exist. This buffer is a part of 9 lots (including the one in question) in Danbury.

There is a required 10-foot setback from this buffer. The purpose of this setback is to protect the vegetative buffer. The 10-foot setback helps ensure that the root system of a buffer area will not be damaged during construction of the home. Encroachment in the 10 foot setback could jeopardize the health of the trees within the buffer.

The applicant, Future Homes by Odell Thompson, is requesting to encroach 3 feet into this required setback for the purpose of constructing a home.

STANDARDS OF REVIEW:

Section 6.1.5 of The Cary Unified Development Ordinance states that:

(a) The Zoning Board of Adjustment may grant a variance which is in harmony with the general purpose and intent of the zoning ordinance.

(b) When practical difficulties or unnecessary hardships would result from carrying out the strict letter of the zoning ordinance, The Zoning Board of Adjustment may vary or modify the regulation or provisions of the ordinance, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

SUGGESTED MOTION:

I HEREBY MAKE A MOTION THAT APPLICATION NO. 00-01-V. HAS SUCCESSFULLY MET THE REQUIREMENTS OF SECTION 6.1.5 OF THE CARY ZONING ORDINANCE AND IS HEREBY GRANTED WITHOUT CONDITIONS.

MOTION TO GRANT APPLICATION WITH CONDITIONS

I HEREBY MAKE A MOTION THAT APPLICATION NO. 00-01-V. HAS SUCCESSFULLY MET THE REQUIREMENTS OF SECTION 6.1.5 OF THE CARY ZONING ORDINANCE AND IS HEREBY GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS AND FINDINGS:

1. Variance shall be transferable and run with the land.

2.                                                                           .

I HEREBY MAKE A MOTION THAT APPLICATION NO. 00-01-V. HAS FAILED TO MEET THE REQUIREMENTS OF SECTION 6.1.5 OF THE CARY ZONING ORDINANCE AND THE APPLICATION IS DENIED DUE TO THE FOLLOWING FINDINGS:

1. _________________________________________.