Orange County NC Website
f.Growth Management System Designation: Rural Designated. <br />g.Roads: Frontage along Neville Road (SR 1945) and McCauley <br />Lane, a privately maintained road where primary vehicular <br />ingress/egress is obtained. <br />h.Water and Sewer Service:The property is not located within a <br />primary utility service area meaning water and sewer service is <br />provided by an individual well and septic system. <br />Surrounding Land Uses: a.NORTH: Property developed for what appears to be residential <br />purposes zoned RB; <br />b.SOUTH: Undeveloped and developed property zoned RB; <br />c.EAST: Neville Road (SR 1945) and property zoned RB; <br />d.WEST: Undeveloped and developed property zoned RB. <br />Proposal: As detailed within Attachment 1, the applicant has applied for a VARIANCE from the <br />40 ft. front yard/corner lot setback standards of the RB general use zoning district. Specifically, <br />the applicant is requesting a 20 ft. reduction from the 40 ft. required setback off of the McCauley <br />Lane right-of-way (i.e. observing a 20 ft. setback from the McCauley Lane right-of-way). If <br />approved, a structure will be allowed to be 20 ft. from the edge of the McCauley Lane right-of- <br />way versus the typically required 40 ft. setback per Section 3.3 of the UDO. <br />The applicant is proposing to construct a new single-family residence on the property, making <br />use of an existing septic system. <br />The applicant argues they cannot comply with both the required 40 ft. setback from the <br />McCauley Lane right-of-way and the required setback from the existing septic system as <br />enforced by the Orange County Environmental Health – Well and Septic division. The applicant <br />further argues the topography of the lot limits viable location(s) for the residence without <br />creating compliance issues with other applicable land use regulations and Environmental Health <br />standards. <br />As previously indicated, if the variance is approved, the proposed residence would observe a 20 <br />ft. setback from the McCauley Lane right-of-way. It should be noted even if vehicular <br />ingress/egress (i.e. a driveway) was provided off of Neville Road (SR 1945) the required <br />setback from the McCauley Lane right-of-way would still be 40 ft. per Section 3.3 of the UDO. <br />ORDINANCE REQUIREMENTS: <br />Per Section 3.3 development project(s) within the RB general use zoning district are required to <br />adhere to the following dimensional requirement(s): <br />a. Minimum Front/Corner lot (i.e. a parcel having frontage on 2 street rights-of-way) setback <br />from right of way: 40 ft. <br />b. Minimum Side and Rear yard setback from property line: 20 ft. <br />The applicant complies with all applicable development standards allowing for the approval of a <br />previously submitted plot plan denoting the development of a single-family residence with the <br />exception of compliance with the required setback from the McCauley Lane right-of-way. Given <br />