Board of Adjustment

Whereas, Kathleen Thornton, property owner, requests i) a 2’ variance to the side yard setback requirement as set forth in UDO Section 2.2.1.B.3 for an expansion to a detached house, ii) a 4.5’ variance to the rear yard setback requirement as set forth in UDO Section 2.2.1.B.4 for an expansion to a detached house, and iii) a 4.6’ side yard variance and a 9.5′ rear yard variance for a permanent generator, which takes into account that permanently installed generators associated with residential uses must meet setbacks for the primary structure pursuant to UDO Section 1.5.4.D.2.a in order to construct an addition to an existing detached house, resulting in 4’ side setback and a 25.5’ rear setback for the addition and a 5.4’ side setback and a 20.5’ rear setback for a generator on a .23-acre property zoned Residential-4 and located at 2504 Kenmore Drive.(Amended from previously advertised request)

Whereas, Beacon Street Budleigh, LLC, property owner, requests a variance in the build-to width and building width within the primary build-to area in an Urban Limited (UL) frontage, as set forth in UDO Sec. 3.4.7.C, which requires a build-to maximum area of 20 feet and that 50% of the street frontage be consumed with building width (subject to a 15% reduction if qualifying amenity area is provided in the required build-to, as is the case here). This requirement is exceeded along the UL frontage on Oberlin Road but along Fairview Road, only 8.7% of the street frontage is consumed by building width. Giving effect to the reduction allowed by UDO Sec. 1.5.6.C.4, the building width in the build-to area is reduced from 50% to 35%; therefore a variance reducing the build-to building width requirement from 35% to 8.7% is requested in order to construct a mixed-use building on a .48-acre property zoned both NX-3-UL and R-10 and located at 2500 Oberlin Road.

Whereas, John C. Griffin, III, property owner, requests a 6-foot lot width variance from UDO Section 2.2.1.A.2 to allow a 2-lot subdivision where the northern lot fronting Blue Ridge Road will be only 59 feet wide instead of 65’ as required. This request is for an existing .58-acre property zoned R-4 and located at 2716 Townedge Court.

Whereas, 807 Halifax St LLC, property owner, requests i.) a variance for complete relief from Build-to requirements set forth in UDO Sec. 3.4.8.C; ii.) a 20-foot variance from 30-foot parking setback requirement set forth in UDO Sec. 3.4.8.D.1 to allow parking to be 10 feet from rights-of-way of Halifax Street and Franklin Street; iii.) a variance for complete relief from requirement that there be no parking or vehicular surface area between building and Halifax Street set forth in UDO Sec. 3.4.8.D.2 where the Urban General frontage is applied; iv.) a 140-foot variance from driveway to driveway spacing requirement on Franklin Street to allow driveway to be placed 60 feet from a driveway on adjoining site, rather than the required 200 feet set forth in UDO Sec. 8.3.5.C.3.c.; v.) a 140-foot variance from the driveway to street spacing requirement to allow a nonresidential driveway on Franklin Street to be located 160 feet from the intersection of Franklin Street and Halifax Street, rather than the required 300 feet set forth in UDO Sec. 8.3.5.C.3.d.; vi.) a 160-foot variance from the driveway to street spacing requirement to allow a nonresidential driveway on Halifax Street to be located 140 feet from the intersection of Franklin Street and Halifax Street, rather than the required 300 feet set forth in UDO Sec. 8.3.5.C.3.d.; vii.) a 2-tree variance from the requirement that 8 understory trees (based on 160 gross linear feet of street frontage) be planted 20 feet apart under existing overhead utilities along Halifax Street set forth in UDO Sec. 8.4.1.D.2, reducing the number of trees in this location from 8 to 6; and viii.) a 2-tree variance from the requirement that 10 understory trees (based on 200 gross linear feet of street frontage) be planted 20 feet apart under existing overhead utilities along Franklin Street set forth in UDO Sec. 8.4.1.D.2, reducing the number of trees in this location from 10 to 8; and (ix) a variance for complete relief from UDO Sec. 7.2.5.C to legalize 2 existing nonconforming dumpsters located on the front of the building on Halifax Street and having screening on 3 sides with an enclosure and the fourth side with a solid gate in association with renovating an existing building at 807 Halifax Street and expanding an existing parking lot located at 801 Halifax Street that supports the change of use of the existing general building located at 807 Halifax Street. These requests are for a two-parcel site, including a .41-acre property zoned DX-7-UG and located at 807 Halifax Street and a .45-acre property zoned DX-7-UG and located at 801 Halifax Street.

Whereas, Alan Rhett Fussell and Joseph S. Kolousek, property owners, request a 1.5’ side setback variance from UDO Section 6.7.2.F3. to allow for the construction of a detached garage on a .40-acre property zoned R-4 and located at 5410 Thayer Drive.

Whereas, Julia Onken and Alec Brown, property owners, request a .80 foot (9.6 inch) variance to the 10-foot side setback requirement, as set forth in UDO Sec. 2.2.1.B.3, on the right (east) side of the property in order to construct an addition to an existing detached house on a .49-acre property zoned R-4 and SHOD-1 located at 700 Lakestone Drive.

Whereas, Alejandro Barroso and Amy Diamond, property owners, request a variance from UDO Sec. 7.2.8.B.8. to allow a solidly opaque 6′ tall wooden fence along a portion of the property line facing Mayfair Rd. UDO Section 7.2.8.B.8 only allows an opaque fence of 4′ tall with anything above 4′ having opacity not exceeding 50%. This request is for a .51-acre property zoned R-4 and located at 2611 Churchill Road.

Whereas, Ashkan and Cynthia Hosseini, property owners, request i.) a 2′ variance from required 5′ side setbacks set forth in UDO Sec. 2.2.1.B.3, and ii.) a 5′ variance from the required 20′ rear setback set forth in UDO Sec. 2.2.1.B.4 in order to construct a 2-story attached rear addition to an existing detached house that would contain a ground floor ADU and second level living area for the primary dwelling on a .09-acre property zoned R-10 and located at 602 E. South Street.

Whereas, Everling Real Estate Group, LLC, property owner, seeks a 5’ variance from the 5’ side setback as set forth in UDO Section 2.2.1.B.B3. to reconstruct a detached house on a .14-acre property zoned R-10 and NCOD (South Park) and located at 321 Martin Luther King Jr. Boulevard.

Whereas, Bell Investments, LLC, property owner, requests 1) a full variance from the parking lot tree planting requirement in UDO 7.1.7.B.3 in order to comply with landscaping restrictions of an existing Duke Energy transmission line easement; 2) a full variance from the street tree requirements of UDO 8.4.1.D and 8.5.4.B in order to comply with landscaping restrictions of an existing Duke Energy transmission line easement, and 3) a variance from the 2 on-site vehicle parking spaces per dwelling unit maximum of UDO 7.1.3.B in order to permit 4 parking spaces per unit, all in association with a proposed 14-unit multifamily development project located on two parcels totaling 0.9 acres zoned R10 with TOD and SRPOD and located at 3839 Jackson Street and 0 Whitmore Drive.