TOWN OF CARY
Board of Adjustment
Request for Variance
| Case # | 98-29-V |
| STAFF CONTACT: | Joseph D.
Jeffries Zoning Code Enforcement Officer (919) 469-4342 jjeffrie@ci.cary.nc.us |
| APPLICANT(S): | Edward L. Chatelain |
| OWNER(S): | Edward L. Chatelain |
| LOCATION: | 109 Larkspur Lane |
| PRESENT ZONING: | R-30PUD |
| REQUEST: | The applicant is requesting a variance to encroach 1 foot into a 5 foot side setback and 8 inches into a 30 foot front setback. |
| BACKGROUND: | The subject
property is an existing single family residential
structure in the Silver Oaks Subdivision of the Silverton
PUD. During the process of purchasing the home, Mr.
Chatelain discovered that the structure encroached into
the required setbacks. The approved plan for Silver Oaks
Subdivision requires a 30 foot front setback and a 15
aggregate side setback with a minimum of 5 feet (exhibit
A). The structure is currently encroaching 1 foot
into the 5 foot side yard minimum and 8 inches into a 30
foot front yard setback (exhibit B). On April 10, 1992, a building permit for 109 Larkspur Lane was approved by the Town of Cary. The plat showed 7’ and 12’ side setbacks and a 30’ front setbacks, which are in accordance with the approved subdivision plan (exhibit C). The encroachment is the result of a construction error. |
| 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: | Vicinity Map Photographs of Site Application for Variance Exhibit A: Approved Setback Requirments Exhibit B: Current Survey Exhibit C: Plat approved by the Town of Cary |
| DATE OF MEETING: November 9, 1998 |