TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
April 10, 2000

 

CASE:

00-03-V

STAFF CONTACT:

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

APPLICANT(S):

Dean P. Edwards

OWNER(S):

Clark and Janis Hunsinger

LOCATION:

106 Queensferry Rd.

PRESENT ZONING:

R12

REQUEST:

The applicant, Dean P. Edwards, is requesting a variance to bring a nonconforming structure into compliance. The original builder constructed the house so that it encroaches into 2 required setbacks.

BACKGROUND:

The house at 106 Queensferry Rd. is over twenty years old and is currently occupied by its third owners. When the owners applied for a building permit to construct a back porch, it was discovered that the house itself encroaches into the 2 required side yard setbacks. The east side yard encroachment is roughly 5 inches, while the west side yard encroachment is roughly 2 inches. These encroachments are the result of a mistake made by the original builder.

The current owners wish to make their non-conforming structure legal by means of a variance.

STANDARDS OF REVIEW:

Section 6.1.5 of The Cary Unified Development Ordinance states that:

  1. The Zoning Board of Adjustment may grant a variance which is in harmony with the general purpose and intent of the zoning ordinance.
  2. 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:

MOTION TO GRANT APPLICATION WITHOUT CONDITIONS

I HEREBY MAKE A MOTION THAT APPLICATION NO. 00-03-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. 00-03-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.                                                                              .

MOTION TO DENY APPLICATION

I HEREBY MAKE A MOTION THAT APPLICATION NO. 00-03-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.                                                                            .