REQUEST:  The applicant, on behalf of the property owner, Davis Hein, is requesting a variance to enlarge the home through (a) an addition to the rear of the home to the master bedroom, the master bath, and the kitchen, and (b) an addition of a carport and storage area. The carport/storage addition is proposed to encroach the corner side yard setback from Shincliff Court by three (3) feet. The bedroom/bath/kitchen addition is proposed to encroach the rear yard setback by thirteen (13) 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 a 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, as set forth in Sec. 6.1.5.

1. The Board 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 Board may vary or modify the regulation or provisions of the ordinance, so that the spirit of the ordinance shall be over served, public safety and welfare secured and substantial justice done.

1. The applicant is an agent, lessee, or contract purchaser authorized by all the property owners to file this application, and written documentation of that authorization has been received.
2. The property has the following dimensions. 108 feet along Kimbolton Drive, 73 feet along Shincliff Court, 120 feet along the rear property line, and 91.56 feet along the interior side property line.
3. The property is not vacant.
4. The property is zoned R12, which is residential and requires a twenty (20) foot front yard setback, a twenty-five (25) foot rear yard setback, an eighteen (18) foot corner side yard setback, and a ten (10) foot side yard setback.

OR

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

OR

The conditions are not the result of the applicant’s own doing; the home was positioned this way when the current owner purchased it. The additions, however, are creating an encroachment that did not previously exist. Please note that, if the front door faced the short property line, the proposed bedroom/bath/kitchen addition would not encroach the setbacks. However, the carport/storage addition would encroach the required setback, no matter which way the structure faced.

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

There is not insufficient space on the property to construct the proposed additions of a size and in a manner compatible with surrounding property without encroaching the required corner side and rear yard setbacks.

10.    Construction of the bedroom/bath/kitchen addition and carport/storage addition will have a negative impact on adjoining property.

OR

Construction of the bedroom/bath/kitchen addition and carport/storage will not have a negative impact on adjoining property.

Construction of the master bedroom/bath/ kitchen addition and carport/storage area addition will not impair emergency access, create a fire hazard, or otherwise be contrary to the public health.

OR

    OR

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

OR

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 three (3) feet to the required corner side yard setback from Shincliff Court and a variance of thirteen (13) feet to the required 25 foot rear yard setback to construct an addition to the master bedroom/bath/ kitchen and add a carport/storage room addition to 1207 Kimbolton Drive, as spelled out in Section 6.1.5 of the Cary UDO.
2. The applicant is hereby granted a variance to construct an addition to the master bedroom/bath/ kitchen of the home, and to add a carport/storage area to be located at 1207 Kimbolton Drive.
3. This variance is conditioned upon:

a fence being constructed _________

a buffer to be installed _____

a ________