TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
November 13, 2001

CASE:

 01-V-017

STAFF CONTACT:

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

APPLICANT(S):

 Champion Window Company

OWNER(S):

 Robert & Eleanor Ide

LOCATION:

706 Collington Drive, Cary, NC 27513

PRESENT ZONING:

 Residential Multi-Family 12 (RMF12)

REQUEST:

 The applicant is requesting a variance to encroach 12 feet, 6 inches into a rear setback of 30 feet for the proposed addition of a patio enclosure.
SETBACKS: Front/Rear Aggregate: 40’
Side between building groups: 16’

BACKGROUND:

 This townhouse is located in Pirates Cove at 706 Collington Drive. The required aggregate setback is 40 feet. As required, the front setback is 10 feet and the rear setback is 30 feet for a total of 40 feet combined. The request is to build an enclosed patio to encroach 12 feet 6 inches into the rear setback.
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-017 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-017 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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