2013 Annual Report

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The Zoning Board of Adjustment (ZBOA) consists of five citizen volunteers from within the Town’s corporate limits and one from the ETJ that hold quasi-judicial, evidentiary hearings, and make decisions based on the written and oral evidence presented.

Highlights of the board’s activities for 2012-2013 include:

  • Two variance cases were filed.  One case granted a variance to allow a 2.2-foot encroachment of the existing principal structure into the side yard setback; and one granted a sign variance to allow an increase in wall sign area from the 1.25 square feet per linear foot of building frontage allowed by the LDO to an area of 1.77 square feet per linear foot of building frontage.
  • One Special Use case was approved for a reduction of the minimum required setback for a proposed 260-foot-tall telecommunications facility (freestanding non-stealth radio tower).  After approval, the associated Site Plan 13-SP-026 
    was subsequently approved.
  • One special exception case requested a Special Exception to the one-quarter (1/4) mile separation requirement for a group home; it was withdrawn at the meeting by the applicant.
  • Two cases are pending with scheduled meeting dates in September/October that include two appeals of administrative decisions.
  • A case from 2012, which was an appeal of an administrative decision, remains on hold pending direction from the applicant regarding the boundaries of the property affected by the appeal. 

The Town of Cary Planning staff conducted 16 pre-application conferences with citizens who contemplated submitting variance requests for encroachments to building setbacks or sign sizes.  All but two of the applicants elected to seek an alternate method of resolving their issue.