TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
October 11, 1999

CASE: 99-14-A
STAFF CONTACT: Joseph D. Jeffries
Planner
(919) 469-4342
jjeffrie@ci.cary.nc.us
APPLICANT(S): Scott Brown/GMI
OWNER(S): Grubb Management
LOCATION: 9000 Regency Parkway
PARCEL# 0762.1700 0442
PRESENT ZONING: Office & Institutional within the Regency PUD
REQUEST: The applicant, Scott Brown, representing the property owner, Grubb Management, is appealing Staff’s interpretation, that the leasing of space for storage is considered warehousing and not an office use, when separate or apart from the office, (which will be located in a different building).
BACKGROUND: The Town of Cary received a request for the alteration of a non-residential building, located at 9000 Regency Parkway, within the Regency PUD on July 14, 1999. The Permit Specialist for the Town of Cary rejected permit (99-3014), based on the proposed use, warehousing, not being a permitted use within the O & I district.

The permit specialist has stated that the storage of files, equipment, and supplies are allowed as an associated use, but the fact that the storage area in question was located in a separate building from the actual office use would classify the proposed storage use as warehousing. Warehousing is allowed, but only in PEC, Planned Employment Center, I-1, Light Industrial, and I-2, Heavy Industrial zoning districts. (The office use was located within the Sterling Regency building at 11000 Regency Parkway and the storage would take place at 9000 Regency Parkway.)

The applicant has stated that the tenant in question, who currently occupies 43,899 square feet of space located at 11000 Regency Parkway, wishes to lease an additional 1,016 square feet of vacant office space at 9000 Regency Parkway. The intended use of the additional 1,016 square feet will be used solely for storage. Grubb Management, Inc. owns the two Sterling Regency buildings, which are located adjacent to one another. The applicant has stated that "due to the layout of the two buildings on Grubb Management's property, we consider them to be as one; in better words, a campus. The two buildings also operate as such by sharing the same mechanical systems, loading docks, fitness center, restaurant, and parking spaces. Another consideration that should be weighed as significant is the attached approved site plan given by the Town of Cary that also regards the two buildings to be as one."

*Please contact staff before visiting the site at 469-4088. Thank-you.

STANDARDS OF REVIEW: Section 6.2.5 of the Cary Unified Development Ordinance regarding Administrative Appeals, states in part the following:

c. In reversing, affirming, or modifying the contested action, the Zoning Board of Adjustment shall have all relevant powers of the administrative officer from whom the appeal is taken.

d. The Zoning Board of Adjustment shall not reverse or modify the contested action unless it finds that the administrative officer erred in the application or interpretation of the terms of this Ordinance or related policies adopted by the Town.

e. The Zoning Board of Adjustment shall not reverse or modify the contested action unless there is a concurring vote of at least eight members.

SUGGESTED MOTION: MOTION TO REVERSE ADMINISTRATIVE OFFICER’S DECISION

I HEREBY MAKE A MOTION TO REVERSE THE ADMINISTRATIVE OFFICER’S DECISION BASED ON THE FOLLOWING FINDINGS:

1. _______________________________________________

2. _______________________________________________

3. _______________________________________________

MOTION TO AFFIRM ADMINISTRATIVE OFFICER’S DECISION

I HEREBY MAKE A MOTION TO AFFIRM THE ADMINISTRATIVE OFFICER’S DECISION BASED ON THE FOLLOWING FINDINGS:

1. ________________________________________________

2. ________________________________________________

3. ________________________________________________

MOTION TO MODIFY ADMINISTRATIVE OFFICER’S DECISION

I HEREBY MAKE A MOTION TO MODIFY THE ADMINISTRATIVE OFFICER’S DECISION BASED ON THE FOLLOWING FINDINGS:

1. _______________________________________________

2. _______________________________________________

3. _______________________________________________

 

VINCINTY MAP:

 

SITE PHOTOS:

The 1,016 square feet storage area.

9000 Regency Parkway / 11000 Regency Parkway

Site Photo

9000 Regency Parkway

LIST OF EXHIBITS:
  • Application