REQUEST:
The applicant is requesting a variance to allow the installation of a 6ft high wood fence near the property line, due to a sharp drop off in the land elevation along Lewis Stephens Drive at Woodside in the Preston Village Subdivision.
BACKGROUND:
The town’s fence ordinance requires all fences along thoroughfare and collector roads to be placed five feet from the property line and a planting requirement of one evergreen shrub 12 inches in height every 5 feet on the outside of the fence. The owner is requesting to construct a fence closer than 5 feet to the property line, and if the owner does not get an encroachment agreement to place these shrubs in the right of way, then a variance for the planting requirement would be necessary to comply with the town’s fence ordinance.
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 WITH CONDITIONS
I HEREBY MAKE A MOTION THAT APPLICATION NO.
01-V-005. 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. .
SMALL VICINITY MAP:
EXHIBITS:
- Application
- Survey