REQUEST:
The applicants are requesting the variance to correct a nonconforming structure. Their garage currently encroaches into a side yard setback.
BACKGROUND:
Originally the house at 203 O’Kelly Lane was built without a garage. The current owners added a garage to the house in 1983. This addition encroaches into the 10-foot sideyard setback by a range of 1.91 feet (at the front elevation) to 3.29 feet (at the rear elevation).
Section 6.1.5 of The Cary Unified Development Ordinance states that:
- The Zoning Board of Adjustment may grant a variance which is in harmony with the general purpose and intent of the zoning ordinance.
- 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 APLICATION WITHOUT CONDITIONS
I HEREBY MAKE A MOTION THAT APPLICATION NO. 00-06-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.
00-06-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 structure.
2. .
MOTION TO DENY APPLICATION
I HEREBY MAKE A MOTION THAT APPLICATION NO. 00-06-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.
2. .
VINCINITY MAP:
EXHIBITS:
- Application