DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING AND ZONING DIVISION

STAFF REPORT

CASE NO: 98-09-SU
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 Special Use. The Special Use is to allow expansion for a nonconforming structure.

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 10 foot buffer setback and an existing deck encroaching 4 feet into the 50’ buffer.

The applicant wants to expand the structure by enclosing the deck as well as add a new deck.

The Town of Cary Unified Development Ordinance states under Section 17.1.6 Expansion, Alteration, or Major Repair of Nonconformities.

(a) Intent. The intent of this Part is to allow the continuation of any nonconformity and the normal maintenance and repair thereof, but to require any expansion, alteration, or major repair of a nonconformity to obtain a special use permit to determine whether it will substantially injure the value, use, and enjoyment of the properties.

STANDARDS OF REVIEW

Section 5.4.7 of the Cary Unified Development Ordinance states that:

The Zoning Board of Adjustment shall not approve the proposed minor special nor shall the Town Council approve the major special use and accompanying site plan, unless and until it makes the following findings, based on the evidence and testimony received at the public hearing or otherwise appearing in the record of the case:

  1. That the proposed use or development of the land will not materially endanger the public health or safety;
  2. That the proposed use is reasonably necessary for the public health or general welfare, such as by enhancing the successful operation of the surrounding area in its basic community functions or by providing an essential service to the community or region;
  3. The proposed use or development of the land will not substantially injure the value of adjoining or abutting property;
  4. That the proposed use or development of the land will be in harmony with the scale, bulk, coverage, density, and character of the area or neighborhood in which it is located.
  5. That the proposed use or development of the land will generally conform with the Comprehensive Plan and other official plans adopted by the Town.
  6. That the proposed use is appropriately located with respect to transportation facilities, water supply, fire, and police protection, waste disposal, and similar facilities;
  7. That the proposed use will not cause undue traffic congestion or create a traffic hazard.

If any additional information is needed please contact me at (919) 460-4984

LIST OF EXHIBITS