DEPARTMENT OF DEVELOPMENT
SERVICES
PLANNING AND ZONING DIVISION
STAFF REPORT
CASE NO: 98-03-V
ADDRESS: 404 New Rail Drive
ZONING: R30 PUD
TO: Marla Dorrel,
Chairperson
Members, Zoning Board of Adjustment
FROM: Joseph D. Jeffries
Zoning Code Enforcement Officer
DATE: February 26, 1998
REQUEST
The applicant, Joseph W. Polli, is requesting a variance to allow 2 foot encroachment into the 15 foot aggregate side yard setback with a minimum of 5 feet.
BACKGROUND
The subject property is an existing single family residential structure in Silveroaks Subdivision, at 404 New Rail Drive. The Applicant is requesting to allow an aggregate setback of 13 feet, 6.5 feet from the proposed structure to the eastern property line and on the western side 7.5 feet from the structure to property line. Approximately 4 square feet of the proposed structure will encroach into the setback.
STANDARDS OF REVIEW
Section 6.1.5 of the Cary Unified Development Ordinance states that:
(a) The Zoning Board of Adjustment 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 Zoning Board of Adjustment 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.
STAFF REVIEW
All uses and structures in the R-8 District shall meet the development standards for front setbacks. Due to human error we have an existing structure located in the front setback, staff feels that applying the strict letter of the zoning ordinance would create unnecessary hardship in this particular situation.
If any additional information is needed please contact me at (919) 469-4342.
LIST OF EXHIBITS