REQUEST:
The applicants are requesting the variance to construct a screened porch structure that would encroach 10 feet into the required 25-foot rear setback.
BACKGROUND:
The applicants wish to
build an enclosed porch onto the back of their house. The enclosed porch,
as proposed, encroaches into the required 25-foot rear yard setback by
approximately 10 feet. The lot in question is a corner lot.
As a side note, the Town of Cary Unified Development Ordinance allows up
to a 3-foot encroachment for uncovered decks. Since this deck is covered,
the ordinance does not pertain to this situation.
STANDARDS OF REVIEW:
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 APPLICATION WITHOUT CONDITIONS
I HEREBY MAKE A MOTION THAT APPLICATION NO. 00-08-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.
00-08-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. 00-08-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. .
VICINITY MAP:
EXHIBITS:
- Application