TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
Apr 10, 2000

CASE:

00-04-V

STAFF CONTACT:

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

APPLICANT(S):

Kelly Gartner

OWNER(S):

Kelly Gartner

LOCATION:

101 High Country Dr.

PRESENT ZONING:

PUD

REQUEST:

The applicant, Kelly Gartner, 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 owners of 101 High Country Drive desired make a conforming addition onto their house. However when a building permit application was submitted, it was discovered that the house itself encroaches into 2 required setbacks. The south side yard encroachment is roughly 1 foot, while the front yard encroachment is about 5 inches. These encroachments are the result of a mistake made by the original builder when the house was constructed in 1988.

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. 00-04-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. 00-04-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. 00-04-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.                                                                                      .