DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING AND ZONING DIVISION

STAFF REPORT

CASE NO: 98-07-V
ADDRESS: 1208 Selwyn Lane
OWNER: G. Roger Larsen and Linda L. Larsen
ZONING: R-12 PUD

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, G. Roger Larsen and Linda L. Larsen, are requesting a variance to encroach 4.5 feet into a 20 foot rear setback.

BACKGROUND

The property owners wish to enclose the deck located in the rear of their property. The subject property is an existing single family residential structure in the Cambridge Woods at Kildaire Farms Subdivision. The property is a pie shaped lot located at the end of a cul-de-sac. There is a 20 foot setback on the property.

In the applicant’s statement of justification the following considerations were made regarding this variance:

  1. There is a 30 foot wooded PUD greenway located in the rear of the property.
  2. The distance from the nearest corner of the proposed structure to the property line is 15.6 feet.
  3. There will be a sufficient distance between the neighbors’ houses and the proposed structure in case of fire or emergency situations.
  4. The proposed structure has received the approval of the adjoining neighbors and the Kildaire Farm Association.
  5. The structure will be well built and crafted to North Carolina Building codes.
  6. It will also adhere to Kildaire Farm Association ordinances of color and design.

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.

LIST OF EXHIBITS