Raleigh Board of Adjustment Minutes

October 12, 2015

RALEIGH BOARD OF ADJUSTMENT MINUTES

The Raleigh Board of Adjustment met in regular session on Monday, October 12, 2015 at 1:00 p.m. in Conference Room 305 of the Raleigh Municipal Building, Avery C. Upchurch Government Complex, 222 W. Hargett Street, Raleigh, North Carolina with the following present:

Board Staff

J. Carr McLamb, Chairman (City) John Silverstein, Attorney to the Board

Tommy Jeffreys, Secretary (County Alternate) Assistant Planning Director Travis Crane

Eugene Conti (City) Planning Administrator Eric Hodge

Brian Williams (City) Assistant Deputy Clerk Ralph Puccini

Donald Mial (County)

Betsy Kane (City Alternate)

Judson Root (City Alternate)

Absent:

Karen Kemerait, Vice Chair (City)

These are summary minutes unless otherwise indicated:

Following a brief delay, Chairman McLamb called the meeting to order at 1:10 p.m., introduced the members present at today’s meeting, and welcomed the Board’s newest member, Donald Mial, who was appointed by the Wake County Commissioners. The Chairman read Board’s rules of procedure, and swore in Assistant Planning Director Travis Crane and Planning Administrator Eric Hodge, with Mr. Hodge using a PowerPoint presentation in aid in giving testimony.

The applications were heard with actions taken as shown:

Chairman McLamb indicated the first two applications would be heard together as they are adjacent properties owned by the Applicant

A­72(A)‐15 – 10/12/15

Decision: Approved with the following conditions:

  1. The lots identified as 509 Wade Avenue and 505 Wade Avenue will be recombined into a single lot, subject to the City of Raleigh requirements and approval. A restrictive covenant will be recorded in the chain of title for the recombined lot indicating that the re-combined lot will not be subdivided at any point in the future. Minimal clearing of existing trees and vegetation on the lot identified as 505 Wade Avenue will occur during construction.
  1. A maximum of two (2) dwelling units shall be constructed on the Property.
  1. The locations of the dwellings shall be shifted slightly from the locations shown drawings submitted with the variance application in an effort to better align the houses with one another, subject to topographical considerations, as set forth on the drawing attached as Exhibit A.
  1. Subject to the approval of the City of Raleigh, the paved area of the driveway to be constructed on the lot located at 513 Wade Avenue/514 Cole Street shall be no greater than twelve (12) feet in width. In order to screen the driveway, six trees shall be installed along each side of the driveway beginning at Cole Street, for a total of twelve trees, at approximately 25-foot intervals. The trees shall be expected to grow to at least 8-10 feet in height at maturity and shall be greater than five (5) feet at installation. Evergreen trees that are expected to grow to at least 8-10 feet height at maturity shall be installed on the lot located at 513 Wade Avenue/514 Cole Street to screen from view any garage door. All landscaping required by this condition shall be installed within thirty (30) days after the issuance of a certificate of occupancy for the first dwelling constructed on the Property. Any fencing installed on the lot located at 513 Wade Avenue/514 Cole Street shall be setback from Cole Street at the same distance as the rear yard fencing of the property located at 512 Cole Street, as indicated on Exhibit A.
  1. Prior to obtaining building permits for any of the dwellings on the Property, construction staging area(s) shall be established on the Property providing space for parking of construction related vehicles and storage of building materials during construction of the dwellings on the Property.
  1. The fencing currently installed in the rear yard of the lot located at 512 Cole Street shall be removed and replaced with a wooden privacy fence, eight (8) feet in height. In order to provide additional screening, evergreen shrubbery or trees shall be installed at the fence line, on the lot located at 509 Wade Avenue, which are expected to grow at least eight (8) feet in height at maturity.
  1. Any fencing installed on that portion of the western boundary of 513 Wade Avenue/514 Cole Street (PIN 1704551341) adjacent to the public alley from the rear corner of the rear porch of the dwelling to the end of the alley shall be offset from the public alley by a minimum of two (2) feet in order to allow vehicles additional area in which to turn around at the end of the public alley, as set forth on Exhibit A.


WHEREAS, DJF Builders, property owner, requests a 205’ maximum front yard setback variance from the standards set forth in Section 10-2024(d)(2) of the Part 10 Development Regulations to allow for a detached house to be constructed at least 190’ but not more than 220’ from Cole Street on a .43 acre property zoned Special Residential-30 and located at 514 Cole Street.

A-72(B)-15 – 10/12/15

Decision: Approved with the following conditions:

  1. The lots identified as 509 Wade Avenue and 505 Wade Avenue will be recombined into a single lot, subject to the City of Raleigh requirements and approval. A restrictive covenant will be recorded in the chain of title for the recombined lot indicating that the re-combined lot will not be subdivided at any point in the future. Minimal clearing of existing trees and vegetation on the lot identified as 505 Wade Avenue will occur during construction.
  1. A maximum of two (2) dwelling units shall be constructed on the Property.
  1. The locations of the dwellings shall be shifted slightly from the locations shown drawings submitted with the variance application in an effort to better align the houses with one another, subject to topographical considerations, as set forth on the drawing attached as Exhibit A.
  1. Subject to the approval of the City of Raleigh, the paved area of the driveway to be constructed on the lot located at 513 Wade Avenue/514 Cole Street shall be no greater than twelve (12) feet in width. In order to screen the driveway, six trees shall be installed along each side of the driveway beginning at Cole Street, for a total of twelve trees, at approximately 25-foot intervals. The trees shall be expected to grow to at least 8-10 feet in height at maturity and shall be greater than five (5) feet at installation. Evergreen trees that are expected to grow to at least 8-10 feet height at maturity shall be installed on the lot located at 513 Wade Avenue/514 Cole Street to screen from view any garage door. All landscaping required by this condition shall be installed within thirty (30) days after the issuance of a certificate of occupancy for the first dwelling constructed on the Property. Any fencing installed on the lot located at 513 Wade Avenue/514 Cole Street shall be setback from Cole Street at the same distance as the rear yard fencing of the property located at 512 Cole Street, as indicated on Exhibit A.
  1. Prior to obtaining building permits for any of the dwellings on the Property, construction staging area(s) shall be established on the Property providing space for parking of construction related vehicles and storage of building materials during construction of the dwellings on the Property.
  1. The fencing currently installed in the rear yard of the lot located at 512 Cole Street shall be removed and replaced with a wooden privacy fence, eight (8) feet in height. In order to provide additional screening, evergreen shrubbery or trees shall be installed at the fence line, on the lot located at 509 Wade Avenue, which are expected to grow at least eight (8) feet in height at maturity.
  1. Any fencing installed on that portion of the western boundary of 513 Wade Avenue/514 Cole Street (PIN 1704551341) adjacent to the public alley from the rear corner of the rear porch of the dwelling to the end of the alley shall be offset from the public alley by a minimum of two (2) feet in order to allow vehicles additional area in which to turn around at the end of the public alley, as set forth on Exhibit A.

WHEREAS, DJF Builders, property owner, requests a 115’ maximum front yard setback variance from the standards set forth in Section 10-2024(d)(2) of the Part 10 Development Regulations to allow for a detached house to be constructed at least 50’ but not more than 130’ from Wade Avenue on a .42 acre property zoned Special Residential-30 and located at 509 Wade Avenue.

Planning Administrator Eric Hodge (sworn) indicated the subject properties are adjacent to each other noting Lot “B” has street frontage on Wade Avenue only. He stated the lots share access off Cole Street and described the setback issues for each lot noting the “A” lot setback was measured from Cole Street and “B” measured from Wade Avenue.

Applicant

Attorney Isabel Worthy Mattox, 127 West Hargett Street (sworn), representing the Applicant, submitted a packet of information and talked about the City’s Special Residential-30 zoning regulations governing front and rear setbacks noting these lots appeared before the Board several times previously for setback variances as well as extensions of the variances; however the owners were not ready to build until now.

Leonard Sullivan, 5601 Katha Drive, Holly Springs (sworn), gave a brief recitation of his qualifications, indicated he drew up the surveys for the subject lots, and talked about buffer issues impacting the subject lots including an existing stream as well as a slope easement along Wade Avenue.

Attorney Mattox reviewed mitigating issues for each lot such as access easements, etc. with Mr. Sullivan talking about easement issues with lot “B”.

Attorney Mattox stated she and her client met with 7 of the neighbors and their attorney to discuss the application and submitted a list of proposed conditions for approval. She indicated her client is willing to file a deed restriction preventing further division of the lots pointing out the subject properties used to be 3 lots with 2 of the lots combined to form Lot “B”. She noted the neighbors wanted a minimum 12-foot wide driveway; so her client proposes a condition for a 12-foot wide drive way with trees planted along both sides as well as additional vegetation planted to screen the proposed garage for Lot “A”.

Discussion took place regarding the proposed building location on Lot “B” with Attorney Mattox referring to the drawing included in the proposed conditions. Ms. Mattox went on to talk about where the construction stage area would be located as well as proposed fencing to be located between the dwellings as along the Cole Street lot lines. She indicated the neighbors would appeal if the City were to require a 20-foot driveway noting there are provisions for a water line along the driveway to serve both lots.

Attorney Mattox closed her presentation by reviewing the mitigating circumstances in support of her client’s applicaction.

Opposition

None.

Brief discussion took place regarding the Legacy Special Residential-30 front yard setbacks as opposed to how they are outlined in the City’s Unified Development Ordinance.

Requests for Notification

None.


Findings of Fact

1. Applicant seeks variances from Raleigh City Code Section 10-2024(d)(2) to address minimum street setback requirements for detached houses to be constructed at 509 Wade Avenue and 514 Cole Street as part of a recombination of lots.

2. The Board has considered Applicant's verified application and the evidence and testimony adduced at the hearing.

3. In order to comply with Raleigh City Code Section 10-2024(d)(2), Applicant would have to meet setback requirements consistent with setbacks for other dwellings on the block faces.

4. Applicant is unable to comply with Raleigh City Code Section 10-2024(d)(2) because for one lot, there is no block face, and for the other, an access strip that is part of the lot renders the block face determination irrelevant.

5. These cases are consolidated before the Board because the development of the lots involves the same ownership and issues.

6. This Application involves 3 lots that have previously been to the Board for setback variances, but the previous owners never timely secured the appropriate permits, so the variances issued in the past have expired.

7. The current Applicant has agreed to recombine the 2 lots having road frontage along Wade Avenue into one lot.

8. Even though these 2 lots have Wade Avenue addresses, access to Wade Avenue is impractical due to topography. There are no other lots that access Wade Avenue in this vicinity, and the recombined Wade Avenue lot will access Cole Street via a 12 foot wide access driveway.

9. In negotiations with adjoining property owners, Applicant has agreed to restrictions and conditions that will lessen the impact of the development of structures on the 2 lots.

10. Strict compliance with the provisions of the ordinance would deprive Applicant from the reasonable use of the property.

11. Applicant's hardship is related to the unique circumstances of the property, namely its nonconforming status.

12. The Applicant's actions did not create the hardship.

13. The character of surrounding properties would not be adversely affected by the granting of the variance.