Legislation Details

File #: 25-4546    Version: 1 Name: A25-05 Variance
Type: Consent Status: Agenda Ready
File created: 3/19/2025 In control: Zoning Commission
On agenda: 4/8/2025 Final action: 9/9/2026
Title: A25-05. Order of Approval - Findings of Fact: A Variance request to address height and fence/wall limitation at 5224 Bragg Boulevard (0418392966000), owned by Jose F. Rodriguez and Liz I. Rodriguez.
Attachments: 1. A25-05 Findings of Fact Edited_Final, 2. Application, 3. 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: Will Deaton, MPA, AICP, CFM, CZO - Planning & Zoning Manager
Demetrios Moutos - Planner I


DATE: April 8, 2025

RE:
Title
A25-05. Order of Approval - Findings of Fact: A Variance request to address height and fence/wall limitation at 5224 Bragg Boulevard (0418392966000), owned by Jose F. Rodriguez and Liz I. Rodriguez.


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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 the property located at 5224 Bragg Boulevard (Parcel ID: 0418392966000) in Cumberland County, North Carolina. The request seeks relief from the height and fence/wall limitations outlined in Table 30-5.D.4 of the Unified Development Ordinance (UDO) to permit the construction of a taller rear wall.
The Zoning Commission held an evidentiary hearing for this case on March 11, 2025. Only the applicant spoke in support of the request, and no individuals spoke in opposition. Following a brief discussion, the Commission voted unanimously (4-0) to approve the variance.
In accordance with Section 30-2.C.14 of the UDO, variances are intended to provide relief from dimensional standards in cases where exceptional conditions-beyond the control of the property owner-result in a unique hardship under the strict application of the Ordinance. Variances do not modify permitted uses or conditions of approval and are intended to be granted only under limited, well-justified circumstances.



Background:
* Owners: Jose F. Rodriguez and Liz ...

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