TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
July 10, 2000

CASE:

00-10-V

STAFF CONTACT:

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

APPLICANT(S):

John Rue

OWNER(S):

John Rue

LOCATION:

802 NW Maynard Rd.
   

PRESENT ZONING:

R12

REQUEST:

The applicant is requesting a variance for an existing 2-foot side yard encroachment of an attached carport. Additionally, he is requesting a variance for a small addition to the carport that would also encroach 2 feet into the same setback. The addition is in line with the existing carport.

BACKGROUND:

This variance is a two-part request. First, the applicant wishes to bring into compliance a nonconforming structure. A number of years ago (before the applicant owned the house), an attached carport was constructed that encroaches 2 feet into the required 10-foot side yard setback.

If the request to bring the carport into compliance were granted, the applicant would like to make the additional request to make a small addition onto the carport. This addition would be 10’ x 10’, and would be in line with the encroaching wall of the carport (the shed would also encroach 2 feet into the required side yard setback – just like the carport). 
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. 00-10-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. 00-10-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. 00-10-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