TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
February 12, 2001

CASE:

01-V-002

STAFF CONTACT:

Joseph Jeffries
Planner
(919) 469-4342
email:  jjeffrie@ci.cary.nc.us

APPLICANT(S):

Gerald L. Sydnor

OWNER(S):

Gerald L. Sydnor

LOCATION:

440 Fincastle Drive

PRESENT ZONING:

Residential-8 Conditional Use (R-8CU)

REQUEST:

The applicant's variance request has two parts.  Part one consists of a variance to encroach 9 feet into a 10 foot buffer setback.  The second part is a variance to encroach 3 feet into a 18 foot corner sideyard setback.

BACKGROUND:

The subject property is an existing single family residential structure located in the Braeloch Subdivision on .23 acres of land.  The applicant is proposing a 24' X 24' garage addition to the rear of the dwelling.

The 20 foot undisturbed buffer, located at the rear of the lot, is zoning condition (669-CU) required for the perimeter of the subdivision.  According to Section 11.1.4.  Distance of Building and Structures from Required Buffers, of the Unified Development Ordinance, principal building or structure on a lot shall be located no closer than ten feet.

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. 01-V-002 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. 01-V-002. 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. .

VICINITY MAP:


EXHIBITS:

  • Application
  • Survey