Legislation Details

File #: 25-4518    Version: 1 Name: A25-05 Variance
Type: Evidentiary Hearing Status: Agenda Ready
File created: 2/28/2025 In control: Zoning Commission
On agenda: 3/11/2025 Final action: 9/9/2026
Title: A25-05: A variance request to address height and fence/wall limitations at 5224 Bragg Boulevard (0418392966000), owned by Jose F. Rodriguez and Liz I. Rodriguez.
Attachments: 1. Application, 2. A25-05 Aerial Notification Map, 3. A25-05 Zoning Map, 4. A25-05 Future Land Use Map, 5. Subject Property Photos, 6. Surrounding Property Photos, 7. Heavenly Sweets-Wall Variance Site Plan (1)
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO: Mayor and Members of City Council

THRU: Zoning Commission

FROM: Demetrios Moutos - Planner I

DATE: March 11, 2025

RE:
Title
A25-05: A variance request to address height and fence/wall limitations at 5224 Bragg Boulevard (0418392966000), owned by Jose F. Rodriguez and Liz I. Rodriguez.
end

COUNCIL DISTRICT(S):
Council District(s)
District 4 - D.J. Haire


b
Relationship To Strategic Plan:
Goal 2: A Responsive City Government Driving Economic Diversity and Sustainability
* Objective 2.1: Strengthen and diversify the City's tax base to enhance long-term fiscal stability.
Goal 4: A Thriving, Livable Community
* Objective 4.5: Foster vibrant, well-connected neighborhoods that enhance residents' quality of life.


Executive Summary:
My Heavenly Sweets Inc. has submitted a variance request to the City of Fayetteville for property located at 5224 Bragg Boulevard (0418392966000) in Cumberland County, NC. The request seeks relief from the height and fence/wall limitations specified in Table 30-5.D.4 of the Unified Development Ordinance to allow the construction of a taller rear wall.

Per Section 30.2.C.14, variances provide relief from dimensional standards when exceptional circumstances beyond the landowner's control create unique hardship under strict application of the Ordinance. However, variances do not alter permitted uses or conditions of approval and are intended to be granted only in limited circumstances.


Background:
* Owners: Jose F. Rodriguez and Liz I. Rodriguez
* Applicant: Jose F. Rodriguez
* Requested Action: Approval of a variance to allow for a six-foot rear wall, exceeding the height and fence/wall limitations specified in Table 30-5.D.4 of the Unified Development Ordinance.
* Zoning District: CC (Community Commercial)
* Property Address: 5224 Bragg Boulevard
* Size: 1.08 acres ?
* Existing Land Use: My Heavenly Sweets (Bakery and Restaurant)
* Surrounding Zoning and Land Uses:
o North - CC (Community Commercial, Strip Comme...

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