The subject property is located at the intersection of West Park Street and West Chatham Street and is owned by Donald E. Traylor. According Wake County tax data, the property has been in the Town of Cary’s corporate limits since at least 1960. The property is currently zoned Residential-8.

On August 23, 1999, Mr. Traylor was notified in writing that the current use of the property was in violation of the Town of Cary Unified Development Ordinance (UDO) (see exhibit). Specifically, the violation letter stated that Mr. Traylor is in violation of Section 13.1.2. Home Occupations of the UDO. According to section 13.1.2 of UDO:

1. The business cannot exceed 20% of the combined floor area of the structure
2. No advertising devices are allowed on the property
3. The property shall not contain any outdoor display or storage of goods or services
4. No changes to the external appearance of the buildings and structures on the property
5. Wholesale or retail sales of goods do not occur on the premises
6. Employs no more than one person not residing on the premises
7. The home occupation does not create traffic or parking congestion, noise, vibration, odor, glare, fumes or electrical or communications interference, which can be detected by normal senses off-site.
8. All vehicles used in connection of the home occupation are compatible with and do not disturb the quiet nature and visual quality of the neighborhood.
9. Prior to starting a home occupation, the operator receives approval of the Director of Planning and Development after it is determined that operator meets all the requirements of 13.1.2. Home Occupations.

Staff has observed and determined that the property in question violates several of the requirements listed above. Staff has observed delivery trucks, multiple trailers for sale, and materials associated with the business being stored outside (i.e. tires, steel, debris).

According to the Finance Department, there is no record that Mr. Traylor has ever had a privilege license in order to have a home occupation. Mr. Traylor has stated that the current use of the property is a "hobby". Staff is not denying Mr. Traylor a hobby, but acknowledges that there is evidence that the home occupation has exceeded the criterion of the Unified Development Ordinance.

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.

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

1. _______________________________________________
1. _______________________________________________
2. _______________________________________________

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

1. ________________________________________________

2. ________________________________________________

3. ________________________________________________

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

1. _______________________________________________
1. _______________________________________________
2. _______________________________________________