REQUEST:
The applicants are requesting the variance to construct an elevated deck that would encroach 9 feet into the required 25-foot rear setback.
BACKGROUND:
The applicants wish to
build an uncovered deck onto the back of their house. As proposed this
deck encroaches nine (9) feet into the required 25-foot rear yard setback.
The Town of Cary Unified Development Ordinance allows up to a 3-foot
encroachment for uncovered decks. This means the proposed deck encroaches
approximately 6 feet more than what is permitted by ordinance.
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. 00-09-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.
00-09-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. 00-09-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