TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
October 8, 2001
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CASE: |
01-V-014 |
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STAFF CONTACT: |
Suzanne Prince |
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APPLICANT(S): |
Marilyn Davis |
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OWNER(S): |
Marilyn Davis |
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LOCATION: |
306 Indigo Drive, Cary, NC |
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PRESENT ZONING SETBACKS: |
Residential-12 (R-12) Front: 20' Side: 10' Rear: 25' Corner Side: 18' |
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REQUEST: |
The applicant is requesting a 9.6" variance into the rear yard setback of property. |
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BACKGROUND: |
The applicant is requesting a variance to encroach 9.6" into the rear yard setback for the purpose of building a detached two-car garage. This proposed structure is 4.2' from the rear lot line. Section 11.1.3 (4) of the UDO states that accessory buildings and structures may encroach no closer than 5 feet into the rear lot line. |
| STANDARDS OF REVIEW: |
Section 6.1.5 of the Cary Unified Development
Ordinance states that: (a) The Zoning Board of Adjustment may grant a variance that is in harmony with the general purpose and intent of the zoning ordinance. (b) 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, sot hat 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-014 HAS SUCCESSFULLY MET THE REQUIREMENTS OF THE CARY ZONING ORDINANCE AND IS HEREBY GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. __________________________________________________ 2. __________________________________________________ MOTION TO DENY APPLICATION I HEREBY MAKE A MOTION THAT APPLICATION NO. 01-V-014 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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