May 9, 2022 BOA Agenda Packet - Laserfiche WebLink

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Attachment 3 34 PLANNING & INSPECTIONS DEPARTMENT Administration 131 W. Margaret Lane (919) 245-2575 Suite 201 (919) 644-3002 (FAX) ORANGE COUNTY P. O. Box 8181 www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278 April 29, 2022 NOTICE OF BOARD OF ADJUSTMENT (BOA) QUASI-JUDICIAL PUBLIC HEARING TO REVIEW OF A VARIANCE REQUEST FOR 429 GAINES CHAPEL ROAD (PIN: 9844-66-6445) CASE #: BA22-0001 To Whom It May Concern: You are receiving this letter because you are listed as an owner of property within 1,000 feet of a parcel of property with a physical street address of 429 Gaines Chapel Road within the Cheeks Township of Orange County. The parcel, further identified utilizing Orange County Parcel Identification Number (PIN) 9844-66-6445, is approximately 0.5 acres (21,780 square feet) in area; zoned Rural Residential (R-1); with Upper Eno Protected Watershed Protection Overlay District; and Major Transportation Corridor Overlay District. The parcel has frontage on two roadways, specifically Gaines Chapel Road (MTC 1316) and Watson Road (SR 1320). Under the provisions of the Orange County Unified Development Ordinance (UDO), Residential development(s) within R-1 are required to adhere to a minimum building setback of 20 ft. from side property line. The property owner, BEVERLY A STOKES (hereafter `the applicant'), has applied for a VARIANCE from the minimum 20 ft. side yard building setback standards of the R-1 district. Specifically, the applicant is requesting an 8.4 ft. reduction from the 20 ft. required setback off of the right side yard. If approved, a structure will be allowed to be 11.6 ft. from the edge of the side yard versus the typically required 20 ft. setback per Section 3.3 of the UDO. The applicant is proposing to construct a new single-family residence on the property, and demolish an old home that already encroaches within the minimum setback. The applicant argues that due to the existing power line easement and septic and well areas, the proposed new home cannot be located and constructed to meet the easement and side yard setback. The applicant further argues they were not aware of the utility easement when the property was inherited and that there will be no public safety issue resulting from a variance to the side yard setback. A copy of the site plan denoting the issue is attached for your review. Section 2.10 of the UDO requires that the Board of Adjustment (BOA) hold a Public Hearing to consider variance requests and that notices be sent to property owners within 1,000 feet of the subject property informing them of the date, time, location, and purpose