11.12.25 BOA Agenda Packet - Laserfiche WebLink

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1 AGENDA ITEM 6: CASE: A-4-25 - To review and hold a quasi-judicial hearing for a Variance request (Case 2 Number BA25-0002). 3 4 Request has been submitted by property owners Michael and Tammy McHale. The applicants 5 have applied for a Variance to allow for a 30’ front building setback (a 10’ reduction in the 6 required 40’) from the Eno Cemetery Road right-of-way. The .47-acre site is located on 7 Orange County PIN 9857-65-5080, at 4310 Eno Cemetery Road, Cedar Grove NC, 27231, and 8 lies within the Cedar Grove Township of Orange County. 9 10 Jack Moran: All right. Good evening, Board. I'll just skip ahead to Agenda Item 6, the variance request that is 11 before you tonight, Case No. BA25-0002. The applicant is David Cates, on behalf of the property 12 owners, James and Tammy McHale. Like I said, this is a variance request for an unaddressed 13 parcel off of Eno Cemetery Road, which as many of you may know is adjacent to Lake Orange. 14 This one is kind of unique to the other ones that you may be familiar with. It's a variance request 15 for the front setback, as opposed to the reservoir buffer, which I think is what the previous ones 16 have been for. So, moving into the UDO sections that are affected, 6.13.4 and 4.2.9 give us the 17 reservoir setbacks. There is a provision for an administrative reduction in those setbacks with 18 coordination with the County Engineer and Environmental Health. There are some restrictions for 19 septic size, limiting it to 20,000 square feet, and then the provision of a maximum of four 20 bedrooms. So, with those allowances met, staff determined a 75-foot reservoir setback would be 21 appropriate. And that was working with County Engineer and Environmental Health. With that 22 reduction, the applicant is still requesting a variance from the minimum required 40-foot front 23 setback to 30 feet. So, here are all of the properties around Lake Orange, the ones that are within 24 the septic setback and the reservoir setback there. As I'm sure you're familiar, there's a lot of 25 nonconforming structures out there. You've heard a lot of variances. This one is that orange 26 arrow, if you can see it, just at the tip of the peninsula there. It's kind of a unique lot, just in the 27 size. It's one of the smallest lots around Lake Orange. It's just point-four-seven acres in size. So, 28 even with the administrative reduction through the ordinance, and working with the County 29 Engineer and Environmental Health for that reduction in the reservoir setback for the septic and the 30 structure, the front setback would still come into play. Here is the site plan, which I will ask David 31 to come up and talk you through further the rationale behind the variance and what you're seeing 32 here on the site plan. If you have any questions about that part of the presentation? Otherwise, I'll 33 ask David to come up here. 34 35 Beth Bronson: Could you just clarify? You said two bedrooms are being requested, but four is permissible? Is 36 that what you said? 37 38 Jack Moran: Yes. So, the administrative reduction, four would be the maximum, two is what's proposed for this. 39 40 Leon Meyers: Any other questions, Board members? 41 42 Beth Bronson: This is an acquired lot adjacent to the other owned lot? 43 44 Jack Moran: Yes. They own both of them. 45 46 Beth Bronson: Thank you. 47 48 David Cates: Good evening. I don't know if it was stated, but this lot was originally created in 1976 as part of the 49 creation of all the lots around the lake; so, that's what allowed it to take advantage of the 50 3