TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
June 11, 2001

CASE:

 01-A-009

STAFF CONTACT:

Suzanne Prince
Planner
(919) 469-4342
email:  sprince@ci.cary.nc.us

APPLICANT(S):

 Pizzagalli Properties, LLC

OWNER(S):

 Pizzagalli Properties, LLC

LOCATION:

 2501 Aerial Center Parkway, Suite 101

PRESENT ZONING:

 Business 2

REQUEST:

The applicant, Pizzagalli Properties, LLC, is appealing a staff decision issuing a violation letter to the aforementioned applicant concerning the use of pennants on light poles and in public street right-of-ways.  Staff's decision is based on their interpretation of the Town of Cary Sign Ordinance, Section 13.2.5 (e), Prohibited Signs and Devices, specifically, Pennants.

BACKGROUND:

 The staff determined that the applicant, Pizzagalli Properties, LLC, placed illegal pennants throughout Aerial Center Parkway area. Pizzagalli Properties, LLC was found to be in violation of the Town of Cary Sign Ordinance, Section 12.2.5(e), Prohibited Signs and Devices, whereby pennants are not permitted under the ordinance. Pennants are defined as "any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, which is suspended from a rope, wire, string, or pole, usually in series, and which is designed to move in the wind." The applicant is appealing the determination. A notice of violation was sent to the applicant on April 25, 2001.
STANDARDS OF REVIEW: Section 6.2.5 of the Cary Unified Development Ordinance regarding Administrative Appeals, states in part the following:

a.  In reversing, affirming, or modifying the contested action, the Zoning Board of Adjustment shall have all relevant powers of the administrative officer from whom the appeal is taken.

b. The Zoning Board of Adjustment shall not reverse or modify the contested action unless it finds that the administrative officer erred in the application or interpretation of the terms of this Ordinance or related policies adopted by the Town.

c. The Zoning Board of Adjustment shall not reverse or modify the contested action unless there is a concurring vote of at least eight members.

 

SUGGESTED MOTION:

MOTION TO GRANT APPLICATION WITH CONDITIONS

I HEREBY MAKE A MOTION THAT APPLICATION NO. 01-A-009 HAS SUCCESSFULLY MET THE REQUIREMENTS OF SECTION 6.1.5 OF THE CARY ZONING ORDINANCE AND IS HEREBY GRANTED WITHOUT CONDITIONS.

 

MOTION TO DENY APPLICATION 

I HEREBY MAKE A MOTION THAT APPLICATION NO. 01-A-009 HAS FAILED TO MEET THE REQUIREMENTS OF THE CARY ZONING ORDINANCE AND THE APPLICATION IS DENIED DUE TO THE FOLLOWING FINDINGS:

1. .

2. .

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EXHIBITS:
  • Application
  • Survey