TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
June 11, 2001

CASE:

 01-V-010

STAFF CONTACT:

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

APPLICANT(S):

 Joe and Whitley Austin

OWNER(S):

 Joe and Whitley Austin

LOCATION:

 105 Esk Court, MacGregor Downs

PRESENT ZONING:

 Residential-12

REQUEST:

The applicant is requesting a variance to allow continued use of the fence erected at the rear of the property.

BACKGROUND:

 The applicant is requesting a variance to keep the fence erected at the back of their property; Lot 16, Queensferry West, MacGregor Downs subdivision; (See Exhibit 1). The Town of Cary’s Unified Development Ordinance does not permit fences in excess of 8 feet in height. Their fence uses pickets of 8 to 12 feet in height because of the contour of the land and the drainage easement that passes over their property.
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 WITH CONDITIONS

I HEREBY MAKE A MOTION THAT APPLICATION NO. 01-V-010 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-V-010 HAS FAILED TO MEET THE REQUIREMENTS OF THE CARY ZONING ORDINANCE AND THE APPLICATION IS DENIED DUE TO THE FOLLOWING FINDINGS:

1. .

2. .

SMALL VICINITY MAP:


LARGE VICINITY MAP:

EXHIBITS:
  • Application
  • Survey