TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
November 8, 1999

CASE: 99-16-V
STAFF CONTACT: Matt Griffin
Zoning Code Enforcement Officer
(919) 460-4984
mgriffin@ci.cary.nc.us
APPLICANT(S): M.I. Haider
OWNER(S): M.I. Haider
LOCATION: 204 Ketrick Court
PRESENT ZONING: Residential-30
REQUEST: The applicant, M.I. Haider, is requesting a variance from the Town of Cary Unified Development Ordinance (UDO). Specifically, the applicant is requesting a variance to encroach into the 10-foot side setback by 2 feet.
BACKGROUND: M. I. Haider wishes to construct an accessory storage structure. This accessory storage will be an addition to the primary structure.The proposed storage addition measures 10 feet by 20 feet (200 square feet).

This property is zoned R30C. As per the Town of Cary Unified Development Ordinance, Section 8.4.5 (d) (2), the side yard setback for this lot is 10 feet.

If constructed as proposed, the front corner of the storage addition would encroach two feet into the side yard setback. Given the shape of the lot, and orientation of the house, the rear corner of the proposed storage addition would be 13 feet from the side yard. Thus, only part of the front portion of this addition will encroach into the required setback.
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.
SUGGESTED MOTION: MOTION TO GRANT APPLICATION WITHOUT CONDITIONS

I HEREBY MAKE A MOTION THAT APPLICATION NO. 99-16-V. HAS SUCCESSFULLY MET THE REQUIREMENTS OF SECTION 6.1.5 OF THE CARY ZONING ORDINANCE AND IS HEREBY GRANTED WITHOUT CONDITIONS.

MOTION TO GRANT APPLICATION WITH CONDITIONS

I HEREBY MAKE A MOTION THAT APPLICATION NO. 99-16-V. HAS SUCCESSFULLY MET THE REQUIREMENTS OF SECTION 6.1.5 OF THE CARY ZONING ORDINANCE AND IS HEREBY GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS AND FINDINGS:

1. Variance shall be transferable and run with the structure.

2.__________________________________________ .

MOTION TO DENY APPLICATION

I HEREBY MAKE A MOTION THAT APPLICATION NO. 99-16-V. HAS FAILED TO MEET THE REQUIREMENTS OF SECTION 6.1.5 OF THE CARY ZONING ORDINANCE AND THE APPLICATION IS DENIED DUE TO THE FOLLOWING FINDINGS:

1. __________________________________.

2. __________________________________.
LIST OF EXHIBITS:
  • Application