TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
April 9, 2001
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CASE: |
01-MSU-004 |
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STAFF CONTACT: |
Tracy Roberts |
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APPLICANT(S): |
Frank Stoltmann |
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OWNER(S): |
GEM Investments, LLC |
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LOCATION: |
500 block of James Jackson Avenue. The building is immediately adjacent to Little Pros Academy, which is located at 551 James Jackson Avenue. |
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PRESENT ZONING: |
Planned Employment Center (PEC) |
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REQUEST: |
The application is requesting a Minor Special Use permit to allow a Recreation Center in the Planned Employment Center (PEC) zoning district. Pursuant to Section 8.16.3(a) of the Unified Development Ordinance (UDO), the Zoning Board of Adjustment must approve a Minor Special Use to permit Recreation Centers within the PEC zoning district. |
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BACKGROUND: |
The applicant proposes to open a Teen Dance
Club, which is classified as a Recreation Center according to the Town’s
UDO.
The property consists of 1.55 acres and contains one building. According to the approved site plan, the building is 13,841 square feet and is one of 4 buildings that comprise "The Park at James Jackson" (reference Lot 2 of the Exhibit entitled "Site Plan"). The Recreation Center will occupy 4,000 square feet. The building currently has one tenant named Leybold Optics, which occupies 6,197 square feet (based on the building permit files). There will be approximately 3,644 square feet of space available for an additional tenant. Parking Discussion Even though there is not enough parking
spaces to meet the requirements of the Town’s ordinances, the UDO allows
Shared Parking. The purpose of the Shared Parking provision is to permit a
reduction in the total number of required parking spaces in those cases
where two or more uses located on the same lot typically do not experience
peak parking demands at the same time. The Recreation Center will likely
experience peak parking demands in the evenings and on weekends whereas
the other tenants (offices and warehouses) will experience their peak
parking demands during the weekdays from 8-5.
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| STANDARDS OF REVIEW: |
SECTION 5.4.7 OF THE CARY CODE OF
ORDINANCES REQUIRES THAT THE BOARD OF ADJUSTMENT MAKES THE FOLLOWING
FINDINGS, BASED ON THE EVIDENCE AND TESTIMONY RECEIVED AT THE PUBLIC
HEARING OR OTHERWISE APPEARING IN THE RECORD OF THE CASE:
(1) That the proposed use or development will not materially endanger the public health or safety; (2) That the proposed use is reasonably necessary for the public health or general welfare, such as enhancing the successful operation of the surrounding area in its basic community functions or by providing an essential service to the community or region; (3) That the proposed use or development of the land will not substantially injure the value of adjoining or abutting property; (4) That the proposed use or development of the land will be in harmony with the scale, bulk, coverage, density, and character of the area or neighborhood in which it is located; (5) That the proposed use or development of the land will generally conform with the Comprehensive Plan and other official plans adopted by the Town; (6) That the proposed use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities; (7) That the proposed use will not cause undo traffic congestion or create a traffic hazard. |
| SUGGESTED MOTION: |
MOTION TO GRANT APPLICATION WITH
CONDITIONS
I HEREBY MAKE A MOTION THAT APPLICATION NO. 01-MSU-004 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-MSU-004 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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LARGE VICINITY MAP:
Note: Checkered line indicates route from Town Hall to the site. |
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| SMALL VICINITY MAP: |
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EXHIBITS: |
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