REQUEST:
The applicant is requesting a variance to encroach into the side yard setback. The existing principal structure encroaches approximately 3.1 feet into the 10 foot side yard setback.
BACKGROUND:
The applicant’s house was originally constructed in 1998. According to the applicant, the error occurred during construction and was due to human error. The encroachment was not discovered until the current owners attempted to sell the home. Part of the process required the owner to have an as-built survey, which revealed the encroachment. According to the owners, they were unaware of any encroachments when they purchased the dwelling in 1998.
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. 00-16-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.
00-16-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.
00-16-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