DEPARTMENT OF DEVELOPMENT
SERVICES
PLANNING AND ZONING DIVISION
STAFF REPORT
CASE NO: 98-08-V
ADDRESS: 106 Glen Alpine Circle
OWNER: Rose Marie Luckey
ZONING: R30-PUD
TO: Marla Dorrel,
Chairperson
Members, Zoning Board of Adjustment
FROM: Camille P. McLeod
Zoning Code Enforcement Officer
DATE: April 13, 1998
REQUEST
The applicant, Rose Marie Luckey is requesting a variance. The variance request is to allow her existing structure to remain encroached into the buffer and buffer setback.
BACKGROUND
The subject property is an existing single family residential structure in the Shennandoah subdivision. The lot is pie shaped with a 50’ buffer along the rear of the property. The applicant has an existing house encroaching 7 feet into a 10 foot buffer setback and an existing deck encroaching 4 feet into the 50’ buffer.
The Town of Cary Unified Development Ordinance requires under section 11.1.4 Distance of Buildings and Structures from Required Buffers;
(a) The principle building or structure on a lot shall be located no closer than ten feet to any buffer.
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.
If any additional information is needed please contact me at (919) 460-4984
LIST OF EXHIBITS