Variance / Appeal Application

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TOWN OF CARY                         Submit to the Town Clerk’s Office, P.O. Box 8005, Cary, NC 27512

Planning Department                                                                                                                                  

                                                                        For office use only:                                                    

 

Method of Payment:  CASH ____ CHECK ____ CREDIT CARD ____   Amount:  $________ P&Z HTE# ______________

 

 Administrative/Enforcement Appeal $600.00                    Civil Penalty Appeal $600.00       

 Minimum Housing Appeal $600.00

           

APPEAL APPLICATION

 

 If you are appealing any “decision” of Town staff, including an enforcement decision or an Order of the Minimum Housing Inspector, you must complete Section A and attach the written “decision” which you are appealing

 If you are appealing a civil penalty, you must complete Section B

(You may use continuation sheets if necessary)
                         

Submittal Date: _______________________________          Case Number: _________________
Pre-application Conference Date: _________________        Hearing Date: __________________

REQUEST:  _________________________________________________________________

____________________________________________________________________________
____________________________________________________________________________

 

Applicant Name:________________________________________________________________


Address:______________________________________________________________________

 

______________________________________________________________________________

 

Phone Number: _____________________Fax Number: ________________________

 

Email Address: _________________________________________________________________

 

Owner Name (If different from Applicant): _____________________________________________

 

Address: ______________________________________________________________________

 

______________________________________________________________________________

 

Phone Number: _____________________Fax Number: ________________________

 

Email Address:________________________________________________________________


 

All applicant(s) must sign and have their signatures notarized on the last page

 

Are any Continuation Sheets attached?    Yes   No  If yes, how many?: _____


SECTION A.  APPEAL OF ADMINISTRATIVE, ENFORCEMENT, OR MINIMUM HOUSING DECISIONS

 

 

1.         Provide the following information for the property affected:

            Site Address: __________________________________________________

            PIN #: __________________ Lot #:_______________ Block: ____________

            Subdivision: ______________________ Unit or Section: ________________

            Total lot/tract size: _____________  Existing Zoning District: _____________

 

2.         Attach a copy of the final and binding order, requirement, or determination made by an administrative official charged with enforcement of the LDO or a copy of the decision or order of the Minimum Housing Inspector that you are appealing.  Please note:  if this is an appeal from a decision or order of the Minimum Housing Inspector, you must file one copy of this application with Inspection and Permits Department.                   

Decision attached?   Yes   No 

 

3.         Describe with specificity which provisions or portions of the decision you are

            appealing:  __________________________________________________________

            __________________________________________________________________
            __________________________________________________________________

 

4.         For appeals arising under the LDO, fully explain how the administrative official erred in the             application or interpretation of the terms of the LDO or related policies of the Town.  For   appeals of a decision or order of the Minimum Housing Inspector, fully explain how the Minimum Housing Inspector erred in the application or interpretation of the terms of the            Minimum Housing Code.  

            Explain: ___________________________________________________________            __________________________________________________________________
            __________________________________________________________________
            __________________________________________________________________
            __________________________________________________________________

 

5.         If you are not the land owner, or if the decision was not issued to you, describe how you

            are aggrieved by the decision:              __________________________________________________________________            __________________________________________________________________

 

SECTION B.  APPEAL OF CIVIL PENALTY

 

1.         Provide the following information for the property affected. 

            Site Address:_____________________________________________________

            PIN #:_______________ Lot #:_______________ Block:__________________

            Subdivision:______________________ Unit or Section:___________________

            Total lot/tract size:___________         Existing Zoning District:  _________________

 

2.         Attach a copy of the determination made by the Town Manager (“decision”) you are         appealing. Decision attached?   Yes   No

 

3.          Fully explain why you think the Town Manager erred in the application or interpretation
            of the terms of the LDO or related policies of the Town as it relates to the amount of
           the civil penalty (not the Notice of Violation).  You may address:


 

                    the gravity of the violation

                    action you took to correct the violation

                    the cost of any action you took to correct the violation

                    previous violations by you on this site or others

 

4.         If you are not the land owner, or if the penalty was not issued to you, describe how

you are aggrieved by the decision:             __________________________________________________________________            __________________________________________________________________
            __________________________________________________________________

            __________________________________________________________________

 


APPLICANTS’ CERTIFICATION

 

I, ________________________, the undersigned, being first duly sworn, depose and say that I am the

_____owner, _____attorney, _____attorney-in-fact, _____agent, _____lessee, or _____representative of the owner(s)

of the property described and which is the subject matter of this application; that all answers to the questions in this application, and all sketches, data and other supplementary information attached to this application are honest and true to the best of my knowledge and belief.  If I am not the owner of the property, I have attached a notarized authorization from the owner(s) to submit with this application.

 

______________                                    ____________________________________

Date                                                     Signature

 

 

__________ COUNTY, STATE OF NORTH CAROLINA

 

 

Signed and sworn to or affirmed before me this day by __________________________________

 

_______________                                              _______________________________________

Date                                                                                                Notary Public

 

 

(Official Seal)                             My commission expires: ___________________

 

 

NOTARIZED AUTHORIZATION OF ALL OWNERS

 

I/We certify that I/we am/are all of the Owner(s) of the property which is the subject of this application, that I/we have authorized the applicant to make this application and that I/we agree to be bound by the application, the representations made and the decision in the same manner as if I/we were the applicant.

 

[If the owner is:         - a corporation, this must be signed by an, authorized corporate officer;

        - a partnership, this must be signed by a general partner;

                                - a limited liability company, this must be signed by the Manager for a manager managed LLC, or all the members for a member managed LLC.]

 

 

______________                                    ____________________________________

Date                                                     Signature of Owner(s)

 

______________                                    ____________________________________

Date                                                     Signature of Owner(s)

 

 

__________ COUNTY, STATE OF NORTH CAROLINA

 

 

Signed and sworn to or affirmed before me this day by _________________________

 

 

_______________                                  ____________________________________

Date                                                                           Notary Public

 

 

(Official Seal)                             My commission expires: ___________________

 

 

 

Updated July 2016

 

General Information About Appeals to the Zoning Board of Adjustment

 

These instructions are intended to provide general information about appeals. Staff has made every effort to ensure that this information is and remains accurate; however, if there is a conflict between this information and state law, the Town Code, the Town Land Development Ordinance (LDO), or Town policies (collectively ‘law’), the law controls.   

 

What Type of Appeals Can Be Made and To Whom? 

An appeal to ZBOA may be brought by any person who has standing under NCGS 160A-393(d) from (1) any final and binding order, requirement, determination, or decision (“Decision”) that is made by an administrative official charged with enforcement of the LDO; (2) a Decision of the Town Manager regarding a civil penalty; or (3) a Decision of the Minimum Housing Inspector.

 

(1) Administrative or Enforcement Appeals – File with Town Clerk’s Office

Questions arising in connection with the interpretation and enforcement of the LDO must first be presented to the appropriate administrative official of the Engineering or Planning Department charged with enforcement of the LDO.  Decisions of an administrative official may then be appealed to ZBOA, as provided in LDO Sections 3.21.2. and 11.2.2., within thirty (30) calendar days of actual or constructive notice of the Decision.  

 

(2) Civil Penalty Appeals – File with Town Clerk’s Office

Appeals of the decision of the Town Manager regarding the amount of a civil penalty must be brought within thirty (30) calendar days from the date of the Manager’s decision.  Such appeals are limited to the question of the amount of the civil penalty only. 

 

(3) Minimum Housing Appeals – File with Town Clerk’s Office and Inspections and Permits Department

Appeals of decisions or orders of the Minimum Housing Inspector must be brought within ten (10) days from the rendering of the decision or the service of the order. 

 

Filing Procedure

Submit 1 original and 2 copies, plus 1 digital copy of all documentation submitted, including the application and its attachments, if applicable.  You must answer every question that pertains to your specific request and provide the required information.  If this appeal involves the location of a structure, you must submit a copy of the property survey with a sketch showing the dimensions and location.  This sketch must be in a reproducible size of 11” X 17” or smaller and must show the following: 

  • lot lines with measured distances; and
  • location and outline of existing and proposed structures (with measured dimensions)

Additionally, the applicant may submit any other information or documentation (i.e., a subdivision plat, survey map, etc.) that they feel ZBOA may need to render an adequate and fair decision.  All applications must be signed and sworn to before a notary public.

 

Completing Your Application

An application will be considered complete if it is submitted in the required form, includes all mandatory information, including all supporting materials specified by the official responsible for accepting the application, and is accompanied by the applicable fee. The Planning Director shall make a determination of application completeness.  If an application is determined to be incomplete, the Planning Director shall provide notice to the applicant along with an explanation of the application's deficiencies.  No further processing of the application shall occur until the deficiencies are corrected in a future re-submittal.  An application that is determined to be incomplete may or may not retain its same processing cycle.

 

Once the application is complete, the Planning Department shall schedule it for consideration at a quasi-judicial hearing before ZBOA, and shall transmit to ZBOA all applications and other records pertaining to such application prior to the hearing.

 

Quasi-Judicial Hearing 

ZBOA meets the first Monday of each month in the Town Council Chambers.  During the quasi-judicial hearing, the ZBOA must hold an evidentiary hearing and make its decision based solely on the written and oral evidence presented; its decision cannot be based on opinions.  Members of the ZBOA must refrain from ex parte communications (communications outside of the hearing itself) about upcoming or ongoing cases with any parties or other members of the ZBOA.  All testimony before the ZBOA must be "sworn" testimony; therefore, all persons wishing to speak on the matter must be sworn in.  The ZBOA may affirm, reverse, or modify administrative decisions or civil penalty determinations by a majority vote of the board members; decisions of the minimum housing inspector may be reversed or modified only upon a concurring vote of four members of the board.  Appeals from a decision of the ZBOA shall be to Superior Court.  

 

Both individual applicants and individuals opposed to the application who are aggrieved may represent themselves at the quasi-judicial hearing before the ZBOA or be represented by an attorney, and they may have expert witnesses testify for them. All applicants are strongly advised to have an attorney represent them.  Applicants that are corporations (‘corporate applicant’) must be represented by an attorney.  Engineers, architects, real estate agents, planners and other non-attorneys may only appear as expert witnesses; they may not represent an applicant or those opposed to an application.  If a non-corporate applicant desires to have a non-attorney act as his or her representative (and not solely as an expert witness), the applicant should notify the attorney advising the ZBOA who will then advise the ZBOA that it must vote on whether to allow the representation.  The request may be denied; therefore, applicants or their attorney, should always be present at the hearing.

 

For more detailed information on the quasi-judicial hearing process, please review Policy Statement 167, Quasi-Judicial Hearing Procedural Guidelines.

 

 

 

 

 

 

 

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