DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING AND ZONING DIVISION

STAFF REPORT

CASE NO: 98-23-SU

ADDRESS: 208 Tapestry Terrace

ZONING: R12 PUD

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

FROM: Mark R. Holland
Zoning Code Enforcement Officer

DATE: August 10, 1998

REQUEST

The applicant, Robin Boyles, is requesting a special use for the expansion of a nonconforming structure.

BACKGROUND

The subject property is an existing single family residential structure in the Cheverly Forest Subdivision within the Kildaire Farm PUD. Upon approval of variance, the applicant wishes to build a screened porch and a deck which will be attached along the rear side of the home. The addition of these structures will expand a nonconforming use.

There is a 50 foot buffer in the rear property which has a 10 foot buffer setback. This buffer setback was required through zoning regulations placed by the town after this property was developed. This made the structure nonconforming. The structure is presently an approximate 1.9 feet from the 50 foot buffer. The proposed screened porch and deck would encroach into the buffer by approximately 6 feet.

In the applicant’s statement of justification the following information was given regarding this variance, "(The) area to be built on is in grass area of buffer and will not impact trees."

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.