TOWN OF CARY BOARD OF ADJUSTMENT HEARING June 12

TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
March 11, 2002

CASE:

02-V-002

STAFF CONTACT:

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

APPLICANT(S):

Joel & Amalia Deese

OWNER(S):

Joel & Amalia Deese

LOCATION:	117 Willoughby Lane, Cary, NC
PRESENT ZONING:	Residential-8 (R8)

REQUEST:	The applicants are requesting a variance to encroach 4 feet into the 18-foot corner yard setback.
BACKGROUND:	The original structure has a 28-foot side corner setback. The applicants are requesting a variance to build a 14-foot wide addition encroaching into the required corner side yard setback by 4 feet.

FACTORS RELEVANT TO THE ISSUANCE OF A VARIANCE:

A variance is intended to provide limited relief from the UDO in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under the UDO. A variance is not designed to remove inconveniences or financial burdens imposed on property owners in general, but to provide relief where the requirements of the UDO render the land difficult or impossible to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested.

The Board may not grant variance that would:

permit establishment of a use which is not otherwise allowed, or
change the zoning district classification, or
vary any written conditions attached by Council to a special use, subdivision plat, site plan or conditional use district or master plan for a PUD, or
vary any standard where Council alone acts (sexually oriented business and Thoroughfare Corridor Buffer)

The Standard for issuing a variance is as set forth in Section 6.1.5.

The Board may grant a variance, which is in harmony with the general purpose and intent of the zoning ordinance.

When practical difficulties or unnecessary hardships would result from carrying out the strict letter of the zoning ordinance , the Board 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.

PROPOSED FINDINGS OF FACTS:

The Board could select from the proposed findings that follow, or develop its own findings.

The property is owned by Joel and Amalia Deese, all of whom have requested the variance
The property has the following dimensions. This property is 85 feet on the rear; 74.29 feet on the front side on Willoughby Lane; 106.63 feet on the interior side; and approximately 100 feet along the Cricket Hill Lane side.
The property is developed with a residence.
The property is zoned R-8, which is residential and requires 18 foot corner side yard setback.
The applicant desires to build an addition to their house and is not able to obtain a building permit because the addition would encroach into the corner side yard setback.

Additional Proposed Findings (choose the ones you believe apply)

There are/are not unique conditions existing on the property;
The conditions are/are not the result of the applicants own doing;
There is/is not sufficient space on the property to construct an addition of a size and in a manner compatible with surrounding property without encroaching on some setback;
If the addition cannot be constructed, there are/are not other practical uses of the property;
Construction of the addition will/will not have a negative impact on adjoining property;
Construction of the addition will/will not impair emergency access, create a fire hazard, or otherwise be contrary to the public health;
Requiring certain conditions to be met will/will not alleviate the problems with granting the variance.

Other Findings: _________________________________________________

MOTION TO GRANT VARIANCE WITH/WITHOUT CONDITIONS

After conducting a duly advertised public hearing and reviewing the application, testimony and evidence and the general purposes of the UDO, we find the following

FACTS: [insert facts found]

CONCLUSION:

Based on the application, testimony and evidence, the general purposes of the UDO, and the above findings, the Board concludes that the applicant meets each of the standards set forth for a variance in Section 6.1.5 of the Cary UDO.
The applicant is hereby granted a variance to construct an addition to be located at 117 Willoughby Lane.

If you choose to add conditions:

3. This variance is conditioned upon:

a fence being constructed:
a buffer to be installed:
a ________

MOTION TO DENY VARIANCE

After conducting a duly advertised public hearing and reviewing the application, testimony and evidence and the general purposes of the UDO, we find the following:

FACTS: [insert facts found]

CONCLUSION:

Based on the application, testimony and evidence, the general purposes of the UDO, and the above findings, the Board concludes that the applicant has not met the standards set forth for a variance in Section 6.1.5 of the Cary UDO, and the application is DENIED.

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