TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
January 14, 2002

CASE:

 01-A-020

STAFF CONTACT:

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

APPLICANT(S):

 Dennis D. Smith, AIA

OWNER(S):

 Curt Hammontree, CBL & Associates Properties, Inc.

LOCATION:

1105 Walnut Street, Cary Towne Center Mall

PRESENT ZONING:

 Business-2 Conditional Use (B2-CU)

REQUEST:

 The applicant is requesting an administrative appeal of staffs' interpretation of the Town of Cary Sign Ordinance with respect to calculation of allowable wall signage.

BACKGROUND:

There are four proposed entry signs. The first proposed sign is 337 square feet, the second proposed sign is 259 square feet, the third proposed sign is 431 square feet and the fourth proposed sign is 471 square feet. At the first entry, the signage allowed per the Town’s ordinance is 58 square feet, the second entrance is allowed 60 square feet, the third entrance is allowed 56 square feet and the fourth entrance is permitted 60 square feet.

The applicant disagrees with the staffs’ interpretation of the building elevation used to calculate the wall sign area for each mall entrance.
STANDARDS OF REVIEW: Section 6.2.5 of the Cary Unified Development Ordinance regarding Administrative Appeals, states in part the following:

c. In reversing, affirming, or modifying the contested action, the Zoning Board of Adjustment shall have all relevant powers of the administrative officer from whom the appeal is taken.

d. The Zoning Board of Adjustment shall not reverse or modify the contested action unless it finds that the administrative officer erred in the application or interpretation of the terms of this Ordinance or related policies adopted by the Town.

e. The Zoning Board of Adjustment shall not reverse or modify the contested action unless there is a concurring vote of at least eight members.

 

SUGGESTED MOTION:

 MOTION TO REVERSE ADMINISTRATIVE OFFICER’S DECISION

I HEREBY MAKE A MOTION TO REVERSE THE ADMINISTRATIVE OFFICER’S DECISION BASED ON THE FOLLOWING FINDINGS:

1.  ______________________________________________________

2.  ______________________________________________________

3.  ______________________________________________________


MOTION TO AFFIRM ADMINISTRATIVE OFFICER’S DECISION

I HEREBY MAKE A MOTION TO AFFIRM THE ADMINISTRATIVE OFFICER’S DECISION BASED ON THE FOLLOWING FINDINGS:

1.  ______________________________________________________

2.  ______________________________________________________

3.  ______________________________________________________


MOTION TO MODIFY ADMINISTRATIVE OFFICER’S DECISION

I HEREBY MAKE A MOTION TO MODIFY THE ADMINISTRATIVE OFFICER’S DECISION BASED ON THE FOLLOWING FINDINGS:

1.  ______________________________________________________

2.  ______________________________________________________

3.  ______________________________________________________

SMALL VICINITY MAP:
LARGE VICINITY MAP: