TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
November 13, 2001

CASE:

01-V-015

STAFF CONTACT:

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

APPLICANT(S):

Artisan Recreational Structures, Inc.

OWNER(S):

Frank and Carol Corbie

LOCATION:

313 Silverberry Court, Cary, NC 27513

PRESENT ZONING:

Residential 30 PUD

REQUEST:

The applicant is requesting a variance of 1.5 feet to bring a nonconforming structure into compliance. The applicant is also requesting a variance of an additional 10 feet in order to add a screened porch in the area of the existing concrete patio. The total variance requested is 11.5 feet

SETBACKS: Front/Rear: 40’ Aggregate, 15’ minimum
Sides: 16’ Aggregate between buildings

BACKGROUND:

This townhouse is located in Beechtree. The front setback is 17 feet and the rear setback is 21.5 feet for a total aggregate setback of 38.5 feet for the structure. The required combined aggregate setback is 40 feet.

The proposed addition of a screened porch would be placed where the concrete patio currently exists. This 10-foot addition would be considered an addition to the primary structure.

A total variance of 11.5 feet into the rear setback is requested.

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-015 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-015 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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