TOWN OF CARY
Board of Adjustment
Request for Variance

 

Case # 98-28-V
STAFF CONTACT: Mark R. Holland
Zoning Code Enforcement Officer
(919) 469-4044
mholland@ci.cary.nc.us
APPLICANT(S): Normandies Limited Partnership
OWNER(S): Normandies Limited Partnership
LOCATION: 104 Esplanade Court
PRESENT ZONING: Residential-30
REQUEST: The applicant is requesting a variance to encroach 2 feet into the 10 foot side yard setback on each side of the property.
BACKGROUND: *Due to the severe topography, staff highly recommends that board members visit this property prior to the Board of Adjustment meeting.

The subject property is located in the Normandie Subdivision. The applicant wishes to construct a house which would encroach into each 10 foot side yard setback by approximately 2 feet.

The lot is heavily wooded throughout. There is a flood plain located in the middle of the property which is approximately 120 feet from the front lot line. The house can not be constructed within this flood plain. At the front edge of the flood plain there is a very steep grade which leads to a creek below.

In the applicant’s statement of justification the following information was given regarding this variance, "(The) Topograghy of the lot precludes house construction at normal setback requirements. Request side yard of 8."

The property meets the front and rear yard setback requirements.

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.

LIST OF EXHIBITS OF EXHIBITS: Application with supporting documents
Site Photos
Vicinity Map
DATE OF MEETING: November 9, 1998