REQUEST:
The applicant is requesting a variance to allow a rear yard encroachment of roughly 6 feet for the purpose of installing a deck.
BACKGROUND:
The deck at 101 Old Dock Trail was constructed without a permit. After the deck was completed, a permit application was made. At the time of application, it was discovered that the deck (as built) encroaches roughly six feet into the required 25-foot rear yard setback. The Town of Cary Unified Development Ordinance allows uncovered decks to encroach up to 3 feet into the required setbacks. This deck exceeds that allowable encroachment by approximately 3 feet.
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.
00-07-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.
00-07-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. .
2. .
MOTION TO DENY APPLICATION
I HEREBY MAKE A MOTION THAT APPLICATION NO. 00-07-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