Currently the existing structure has a deck which encroaches into the 25’ rear setback 17’. This structure is considered nonconforming, being that the structure existed before the new setback requirement for decks was put into place. Therefore, before a variance can be granted it is required by section 17.1.6 of the Town of Cary Unified Development Ordinance that before any expansion, alteration, or major repair of nonconformities a minor special use must be granted by the Board of Adjustment.

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.