TOWN OF CARY
ZONING BOARD OF ADJUSTMENT HEARING
May 13, 2002

 

CASE: 02-V-006

STAFF CONTACT:

Beth Lewis
Planner
(919) 469-4342
e-mail: ehlewis@ci.cary.nc.us

APPLICANT(S):

Drue Merkle

OWNER(S):

Drue and Lynn Merkle

LOCATION:

213 Ashley Brook Court, Cary, NC 27513

PRESENT ZONING:

Residential-30  (R-30) Planned Unit Development

SETBACK

 Front yard setback - 20 feet
Rear yard setback - 20 feet
Setback from a buffer - 10 feet
Side yard setback - Minimum 5 feet, aggregate of 15 feet

REQUEST:  The applicants are requesting a variance to replace an existing wooden deck with a larger family room, deck, and screened room. The proposed addition will encroach the required 10-foot setback from a buffer by ten (10) feet, and encroach the required 20 foot rear yard setback by five (5) feet. The proposed addition will be fifteen (15) feet from the rear property line.

FACTORS RELEVANT TO THE ISSUANCE OF A VARIANCE:

A variance 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, 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:

The Standard for issuing a variance, as set forth in Sec. 6.1.5. (a) The Board may grant a variance, which is in harmony with the general purpose and intent of the zoning ordinance. (b) 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 FINDING OF FACTS:
  1. The property is owned by Drue and Lynn Merkle, all of whom have requested the variance.
  2. The property has the following dimensions. Approximately 40 feet along Ashley Brook Court, the front property line; 135 feet along the rear property line; 109 feet along the east side property line; 130 feet along the west side property line.
  3. The property is not vacant.
  4. The property is zoned R30PUD, which is residential and requires a 20 foot front yard setback, a 20 foot rear yard setback, a setback of 10 from the buffer, and a minimum side yard setback of 5 feet, with an aggregate of 15 feet.

    5. ADDITIONAL ALTERNATIVE FINDINGS THAT MAY BE MADE CONCERNING PRACTICAL DIFFICULTIES/UNNECESSARY HARDSHIPS:
  5. There are practical difficulties or unnecessary hardships that exist on the property:

    6. The lot is a pie-shaped lot. The property’s rear yard setback is influenced not only by a 20 foot rear yard setback, but also by a setback of 10 feet from a buffer. The buffer is 15 feet wide, so, with the additional 10 setback from a buffer, the actual rear yard setback requirement is 25 feet. The property is also unique in that it backs up to the MacArthur Park PUD open space, so this addition, encroaching the rear yard and buffer setback, will not affect a rear yard neighbor.

OR

    There are no practical difficulties or unnecessary hardships that exist on the property.

OR

Other:

6.    The conditions are the result of the applicant’s own doing. The existing deck encroaches the required setback from a buffer by four feet. The proposed replacement structure will encroach the required 10-foot setback from a buffer by the entire 10 feet, and will encroach the required 20 foot rear yard setback by 5 feet. The proposed addition will be 15 feet from the rear property line, up to the edge of the buffer itself.

OR

The conditions are not the result of the applicant’s own doing.

OR

Other:

7.    The applicant desires to add a family room, screened room, and deck, and is not able to obtain a building permit because the required setback from a buffer is encroached by 10 feet, and the rear yard setback is encroached by 5 feet.

8.    There is insufficient space on the property to construct the proposed addition of a size and in a manner compatible with surrounding property without encroaching the setbacks.

OR

There is not insufficient space on the property to construct the proposed addition of a size and in a manner compatible with surrounding property without encroaching the setbacks.

OR

Other:

9.    If the family room, screened room, and deck cannot be constructed, there is other practical use of the property.

     

    CONCERNING OBSERVING THE SPIRIT OF THE UDO, DOING SUBSTANTIAL JUSTICE AND SECURING SAFETY AND WELFARE:

10.    Construction of the family room/screened room, deck addition will have a negative impact on adjoining property.

OR

Construction of the family room/screened room, deck addition will not have a negative impact on adjoining property.

OR

Other:

11.    Construction of the family room/screened room/ deck addition will impair emergency access, create a fire hazard, or otherwise be contrary to the public health.

OR

Construction of the family room/ screened room/ deck addition will not impair emergency access, create a fire hazard, or otherwise be contrary to the public health.

OR

Other:

 12.    Requiring certain conditions to be met will alleviate the problems with granting the variance.

OR

Requiring certain conditions to be met will not alleviate the problems with granting the variance.

OR

Other:


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:

  1. 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 of ten (10) feet to the required setback from a buffer and five (5) feet to the required rear yard setback to construct a family room, screened room and deck at 213 Ashley Brook Court, as spelled out in Section 6.1.5 of the Cary UDO.
  2. The applicant is hereby granted a variance to construct a family room, screened room, and deck to be located at 213 Ashley Brook Court.
  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:
  1. 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 of ten (10) feet to the required setback from a buffer and five (5) feet to the required rear yard setback to construct a family room, screened porch, and deck at 213 Ashley Brook Court, as spelled out in Section 6.1.5 of the Cary UDO, and the application is DENIED.

 

 

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