DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING AND ZONING DIVISION

STAFF REPORT

CASE NO: 98-06-V
ADDRESS: 915 Pond Street
OWNER: John and Frances Hartnett
ZONING: R-12

TO: Marla Dorrel, Chairperson
Members, Zoning Board of Adjustment

FROM: Mark R. Holland
Zoning Code Enforcement Officer

DATE: February 26, 1998

REQUEST

The property owners, John and Frances Hartnett, are requesting a variance to encroach 10 feet into a 10 foot side setback.

BACKGROUND

The subject property is an existing single family residential structure in the Burtrose Subdivision. The property is a rectangular shaped lot with a 20 foot easement along the rear property line and a 10 foot side setback along the side property line. The applicant wishes to construct an attached, open style two car carport which would be built along the west side of the home.

In the applicant’s statement of justification the following information was given regarding this variance, " It is not possible for construction of a 2-car carport which would be aesthetically pleasing and appropriate for the neighborhood environment without a variance on this property. Construction of any alternative design would be less than appealing to the eye."

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.

Should any additional information be needed I can be contacted at (919) 469-4044.

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