TOWN OF
STATE OF
ZONING BOARD OF ADJUSTMENT HEARING
July 14, 2003
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CASE: |
03-V-008 |
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STAFF
CONTACT: |
Beth Lewis |
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APPLICANT(S): |
Dalma B. Jones, Jr. |
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OWNER(S): |
Dalma B. Jones, Jr. |
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LOCATION: |
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PRESENT
ZONING: |
Residential 12 (R-12) |
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SETBACK: |
Front
20 |
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REQUEST: |
The
applicant is requesting variances for two accessory structures.
The request for the building along the western property line (Bldg.A)
includes a request for a variance of 14 to the required 5
side yard setback for an accessory structure and a 1 variance to the
required 5 setback between a principal structure and an accessory
structure. The request for the
building along the eastern property line (Bldg. B) includes a request for
a variance of 8 to the required 5 side yard setback for an accessory
structure to relocate an existing building. |
VARIANCE WORKSHEET
FACTORS RELEVANT TO THE ISSUANCE OF A VARIANCE:
The variance
process 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,
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. (Sec. 6.1.1)
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, 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.
The
applicant is requesting variances for two accessory structures.
·
The request for
the building along the western property line (Bldg.A)
includes a request for a variance of 14 to the required 5 side yard
setback for an accessory structure and a 1 variance to the required 5
setback between a principal structure and an accessory structure. This building
was recently constructed without a permit, and was discovered by a zoning
compliance officer.
·
The variance of
14 to the required side yard setback is for a distance of approximately
10.
·
The variance to
the required 5 setback between the accessory building and the principal
building is for the entire length of the accessory building.
·
The request for
the building along the eastern property line (Bldg. B) includes a request for a
variance of 8 to the required 5 side yard setback for an accessory
structure to relocate an existing building.
The encroachment would be for up to half the length of the building,
approximately 8. This building
currently meets the required setbacks, but the applicant plans to move it.
He has concerns that the building may slip down the steeply-sloped rear
yard if left in its current location.
Undisputed
facts:
1.
The property is
owned by Dalma B. Jones, Jr., who has requested the variance.
2.
The property has
the following dimensions: 70 along
3.
The property is
developed with single-family residence.
4.
The property is
zoned R-12, which is Residential 12, and requires a 20 front yard setback, a
25 rear yard setback, 10 side yard setbacks, and a setback of 5 for
accessory structures. A setback of
5 between accessory structures and the principal structure is required as
well.
5.
The applicant is
unable to obtain a building permit for the structure on the western property
line, as it encroaches the required setback.
He is unable to obtain a building permit to move the structure on the
eastern property line, as it would then encroach the setback.
If you are
inclined to grant the
If you are inclined to deny the
variance request, follow this route:
variance request, follow this route:
|
6.
There are practical difficulties or unnecessary hardships that
exist on the property. The lot
has a steep grade in the rear yard, requiring all structures to be placed
on the front half of the lot to avoid a steep drop-off. |
6.
There are no practical difficulties or unnecessary hardships that
exist on the property. The
property is almost ½ acre in size, with considerable side yards on both
sides. A smaller structure
would be able to meet both the required 5 side yard setback and the
required 5 setback between the principal structure and the accessory
structure. On this side, there
is 24 between the residence and the property line.
With the required setbacks totaling 10, a structure 14 wide,
including overhangs, could be constructed while still meeting all the
required setbacks. |
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7.
The conditions are not the result of the applicants own doing.
The steep grade in the rear was created before the residence was
constructed. |
7.
The conditions are the result of the applicants own doing.
The applicant built the building in question with no building
permit. |
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8.
The applicant is not able to obtain a building permit.
A permit for this building would not be granted, as the building
does not meet the setbacks. |
8.
The applicant is able to obtain a building permit.
A building permit for a conforming structure would be granted.
That structure could be a total of 14 wide, including the
overhangs. |
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9.
There is insufficient space on the property to construct the
proposed structure. |
9.
There is sufficient space on the property to construct an accessory
structure. While this building
cannot meet the setbacks, a building of very similar size could be
constructed. |
|
10.
There is no other practical use of the property, as evidenced by
____. |
10.
There is other practical use of the property. The property is
developed with a single-family residence. |
|
11.
The construction will not have a negative effect on adjoining
property. The residence next
door is almost 50 from Mr. Jones residence.
With this proposed addition, there will still be over 30 between
the closest points of the structures. |
11.
The construction will have a negative effect on adjoining property.
This proposed structure will be less than 5 from the common
property line. |
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12.
Construction of the garage will not impair emergency access, create
a fire hazard, or otherwise be contrary to public health, as evidenced by
______. |
12.
Construction of the garage will impair emergency access, create a
fire hazard, or otherwise be contrary to public health.
A setback of 5 between the principal building and accessory
buildings is required to provide light and air between the buildings, and
to permit emergency access to the rear of the property.
|
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13.
Requiring certain conditions to be met will alleviate the problems
with granting the variance. The
structure could be reduced in size so as to meet either the setback
between the buildings or the side yard setback. |
13.
Requiring certain conditions to be met will not alleviate the
problems with granting the variance. A
privacy fence is currently in place. Since
the building is located on a deck, little space for a vegetated buffer
exists. |
If you are
inclined to grant the
If you are inclined to deny the
variance request, follow this route:
variance request, follow
|
6.
There are practical difficulties or unnecessary hardships that
exist on the property. The lot
has a steep grade in the rear yard, requiring all structures to be placed
on the front half of the lot to avoid a steep drop-off.
Mr. Jones is concerned that the rear of the building may begin to
fall down the embankment, if left in its current location. |
6.
There are no practical difficulties or unnecessary hardships that
exist on the property. The
building currently exists, and meets the required setbacks. |
|
7.
The conditions are not the result of the applicants own doing.
The steep grade in the rear was created before the residence was
constructed. |
7.
The conditions are the result of the applicants own doing. The
applicant built a conforming structure which he now wants to move.
The move will make it nonconforming. |
|
8.
The applicant is not able to obtain a building permit. The location
the applicant plans to move the building to would make the building
nonconforming. |
8.
The applicant is able to obtain a building permit.
The existing structure meets the setbacks.
Moving it as the applicant plans to do will make him unable to get
a building permit for it. |
|
9.
There is insufficient space on the property to construct the
proposed structure. |
9.
There is sufficient space on the property to construct the proposed
structure. The structure
currently exists, and is conforming. |
|
10.
There is no other practical use of the property, as evidenced by
____. |
10.
There is other practical use of the property.
There currently exists a residence and this building. |
|
11.
The construction will not have a negative effect on adjoining
property, as evidenced by _____. |
11.
The construction will have a negative effect on adjoining property.
The structure as planned will be 44 from the property line,
rather than the required 5. |
|
12.
Construction of the garage will not impair emergency access, create
a fire hazard, or otherwise be contrary to public health.
The encroachment is only 8.
There will still be at least 144 between this structure and
the neighboring residence. |
12.
Construction of the garage will impair emergency access, create a
fire hazard, or otherwise be contrary to public health, as evidenced by
____. |
|
13.
Requiring certain conditions to be met will alleviate the problems
with granting the variance. |
13.
Requiring certain conditions to be met will not alleviate the
problems with granting the variance. |
FACTS:
We hereby finds facts 1 through 5
and ________.[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 variance requested would be in
harmony with the general purpose and intent of the zoning ordinance, and that
there are practical difficulties or unnecessary hardships that result from
carrying out the strict letter of the Cary UDO.
2.
The applicant is
hereby granted a variance to retain an existing accessory structure.
3.
This variance is
conditioned upon:
q
the structure
being constructed such that the encroachment
is minimized by __________________.
q
construction of a
fence.
q
installation of a
buffer.
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:
We find facts 1 through 5 and 6 through 13.
CONCLUSION:
1.
Based on the
application, testimony and evidence, the general purposes of the UDO, and the
above findings, the Board concludes that the variance requested would not be in
harmony with the general purpose and intent of the UDO, and that there are no
practical difficulties or unnecessary hardships that result from carrying out
the strict letter of the Cary UDO, and the application is DENIED.
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:
We hereby finds facts 1 through 5
and ________.[insert facts found]
CONCLUSION:
4.
Based on the
application, testimony and evidence, the general purposes of the UDO, and the
above findings, the Board concludes that the variance requested would be in
harmony with the general purpose and intent of the zoning ordinance, and that
there are practical difficulties or unnecessary hardships that result from
carrying out the strict letter of the Cary UDO.
5.
The applicant is
hereby granted a variance to
6.
This variance is
conditioned upon:
q
the garage being
constructed such that the encroachment
is minimized by __________________.
q
construction of a
fence.
q
installation of a
buffer.
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
CONCLUSION:
2.
Based on the
application, testimony and evidence, the general purposes of the UDO, and the
above findings, the Board concludes that the variance requested would not be in
harmony with the general purpose and intent of the UDO, and that there are no
practical difficulties or unnecessary hardships that result from carrying out
the strict letter of the Cary UDO, and the application is DENIED.
