TOWN OF CARY
STATE OF NORTH CAROLINA
ZONING BOARD OF ADJUSTMENT HEARING
Monday, June 10, 2002

CASE:

02-V-009

STAFF CONTACT:

Beth Lewis, Planner

(919) 469-4342

e-mail: ehlewis@ci.cary.nc.us

APPLICANT(S):

Triangle Real Estate Company

OWNER(S):

William and Mary Zahn

LOCATION:

600 New Waverly Place, Cary, NC

PRESENT ZONING:

Business-2 Conditional Use (B2CU)

REQUEST:

The applicant, Triangle Real Estate Company, on behalf of the property owner’s, William and Mary Zahn, is requesting a variance of 20 square feet to the 100 square foot maximum to place signs totaling 120 square feet.

 

FACTORS RELEVANT TO THE ISSUANCE OF A VARIANCE:

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;

  1. 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.

Undisputed findings of fact:

  1. The owner, Triangle Real Estate Company, has requested the variance.
  2. The building has the following dimensions: 100 feet along both Tryon Road and New Waverly Place. The building also includes a section angling between Tryon Road and New Waverly Place of approximately 50 feet. The building frontage of 100 feet along Tryon Road was used to calculate the permissible square footage for wall signs.
  3. The property is not vacant. It is improved with an office building that is the home of Cary Travel, Remax Realty, and Wake Technical Community College Business and Industry Center.

To grant a variance, the following findings must be made:

FIRST FINDING TO BE MADE:

The variance request is for (1) wall sign area or (2) a setback for a real estate sign.

If you find that the request is not for (1) wall sign area or (2) a setback for a real estate sign, then no variance may be granted under the Sign Ordinance, and the application should be denied because the Board has no authority to grant.

SUGGESTED MOTION TO DENY BECAUSE NO AUTHORITY TO GRANT

I move that the Application has failed to meet the requirements of 13.2.15 (f) because it is neither a request for a variance to wall sign area nor for setback for a real estate sign, and is therefore denied.

IF THE ABOVE FINDING IS MADE THAT THE APPLICATION IS APPROPRIATE, THEN YOU MAY PROCEED TO MAKE THE FOLLOWING FINDINGS:

Strict enforcement would result in practical difficulties or unnecessary hardship for the applicant because:

Strict application of the UDO would restrict the signage of the subject property to a greater degree than it restricts other properties, because ______________________________________________________;

Granting the variance is necessary to insure reasonable view of the site from adjoining roadways because ____________________________;

Granting the variance is necessary to relieve a practical difficulty or unnecessary hardship that is suffered by the applicant alone because; The building originally housed Cary Travel and Remax Realty.  They installed signs of 20 square feet and 36 square feet, respectively.  The signs were placed on two separate sides of the building, as permitted by the Sign Ordinance.  A third tenant, Wake Technical Community College, moved into the building, and requested a wall sign.  The Sign Ordinance limited the number of wall signs on a building with common entrances, such as an office building, to two signs.  Therefore, Cary Travel and Remax decided to combine their two signs into one, creating a sign of 76 square feet, because of the placement of the letters.  That left only 24 square feet of signage available.  The name that the community college wishes to install, Wake Tech Community College Business and Industry Center, requires more signage than is available, as it is quite lengthy.  The proposed sign is 44 square feet, two lines of letters totaling 24 inches in height and 22 feet in length.  Cary Travel and Remax plan to use their existing signs and merely stack them one atop the other to appear as one sign;

Granting the variance will not confer a special privilege on the applicant that would normally be denied under the UDO to another applicant because _______________________________________________;

The applicant's situation is unique and is not one that is shared by other properties because _____________________________________________;

Granting the variance will not deter from the original intent of the uniform sign plan or the UDO for uniformity and aesthetic appeal between signs on the same property because __________________________________;

In granting a variance, the Zoning Board of Adjustment shall make written findings of fact that demonstrate how the above criteria have been met.  If not entered above, the findings of fact shall be entered into the official minutes of the meeting.

Specific Findings of Fact: _________________________________________________.

MOTION TO GRANT VARIANCE

I move that the Application has successfully met the requirements of 13.2.15 (f), and a variance to the dimensional requirement for wall sign area permitting the allowable square footage of signage to be 120 square feet (instead of 100 square feet) for the building located at 600 New Waverly Place be granted.

MOTION TO GRANT VARIANCE WITH CONDITIONS

I move that the Application has successfully met the requirements of 13.2.15 (f), and a variance to the dimensional requirement for wall sign area permitting the allowable square footage of signage to be 120 square feet (instead of 100 square feet) for the building located at 600 New Waverly Place be granted, subject to the following condition(s):

  1. ____________.

  1. ____________.

MOTION TO DENY

I move that the Application has failed to meet the requirements of 13.2.15 (f) and is denied. Specifically, the applicant has failed to meet the following requirements:

The variance request is not for (1) wall sign area or (2) a setback for a real estate sign; or

strict enforcement does not result in practical difficulties or unnecessary hardship for the applicant because ______________; or

Strict application of the sign ordinance does not restrict the signage of the subject property to a greater degree than it restricts other properties because ______________; or

Granting the variance is not necessary for reasonable view of the site from adjoining roadways because ________________; or

Granting the variance is not necessary to relieve a practical difficulty or unnecessary hardship that is suffered by the applicant alone because _____; or

Granting the variance will confer a special privilege on the applicant that would normally be denied to another applicant because _______;

The applicant's situation is not unique or is one that is shared by other properties because ______;

Granting the variance will deter from the original intent of the uniform sign plan or the UDO for uniformity and aesthetic appeal between signs on the same property because _____.