TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
September 11, 2000

CASE:

00-12-V

STAFF CONTACT:

Tracy Roberts
Senior Planner
(919) 462-3885
email:  troberts@ci.cary.nc.us

APPLICANT(S):

Johnny D. and Doris E. James

OWNER(S):

Johnny D. and Doris E. James

LOCATION:

943 Hillview Dr.

PRESENT ZONING:

R12

REQUEST:

The applicants are requesting the variance to construct a 2-car garage in the corner sideyard setback. As proposed, a corner of the garage encroaches roughly 6 feet into the 25-foot corner sideyard setback.

BACKGROUND:

The applicant’s house was originally constructed before 1965. They desire to build a detached garage that, as proposed, encroaches a maximum of 5.5 feet into the corner sideyard setback. Only one corner of the garage encroaches into this setback. The required setbacks for an accessory structure are 5 feet for the rear yard and 25 feet for the corner side yard. Approximately 35 square feet of the 576 square foot garage would be in the setback area.

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. 00-12-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. 00-12-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. 00-12-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