TOWN OF CARY
Board of Adjustment
Request for Variance

Case # 98-31-V
STAFF CONTACT: Camille McLeod
Zoning Code Enforcement Officer
(919) 460-4984
cmcleod@ci.cary.nc.us
APPLICANT(S): E.W. & Rebecca W. Sauls
OWNER(S): E.W. & Rebecca W. Sauls
LOCATION: 310 High House
PRESENT ZONING: R-30
REQUEST: The applicant is requesting a variance to allow an existing accessory structure (carport) to remain within the required front yard.
BACKGROUND: The subject property is an existing single family home with a detached carport. The carport is located in the required front yard. This does not comply with Section 13.1.1 of the Town’s Unified Development Ordinance.

Section 13.1.1 states, (b) Setback and yard requirements. Except as otherwise provided in this Ordinance, an accessory structure shall not be located within a required front yard, the side setback, nor within five feet of the rear or side lot lines.

Prior to erecting the carport, Joseph Jeffries, Zoning Code Enforcement Officer, met with Mr. Sauls on two occasions. Mr. Sauls was advised that he would not be able to construct an accessory structure in his front yard.

On October 6, 1998 a member of staff recognized that Mr. Sauls had erected a carport. A Zoning Violation letter was sent to Mr. and Mrs. Sauls on October 21, 1998. Following the letter, Mr. Sauls applied for a variance.

   
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: Vicinity Map
Photographs of Site
Application for Variance
DATE OF MEETING: December 14, 1998