TO: Zoning Commission
THRU: Jennifer Baptiste, CZO - Planning & Zoning Division Manager
FROM: Thomas Cohen - Planner I
DATE: October 13, 2026
RE:Title
A26-46: A variance at 333 Rhew St (0418275618000) to reduce the rear setback from 30 feet to 18 feet owned by Juliana Baltazar Orocio.
Title
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COUNCIL DISTRICT(S):
Council District(s)
9 - Council Member Deno Hondros
b
Relationship To Strategic Plan:
Goal 2: Economic & Strategic Growth
• Objective 2.8: To revitalize neighborhoods with effective code enforcement and violations abatement
Goal 3: Desirable Place to Live, Work, & Recreate
• Objective 3.5: To ensure a place for people to live in great neighborhoods
Executive Summary:
The applicant is requesting a variance to the rear setback standards found in UDO Section 30-3.D.5 Mixed Residential 5 (MR-5) Zoning District to decrease the required setback from 30 feet to 18 feet. This would enable the completed application of an after-the-fact building permit to resolve Code Enforcement Case CE20260522-06241 for the unpermitted construction of a deck attached to the rear of the home.
Background:
Owner: Juliana Baltazar Orocio
Request: Reduce rear setback from 30 feet to 18 feet
Parcel Identification Number (PIN): 0418275618000
Parcel Size: ± 0.09
Existing Site Conditions: Single-family home and shed
Immediate Context: Single-family homes and a vacant forest
Public Notice: Notification letters were sent to property owners within 300 feet of the subject site equating to 21 notices sent.
Related Cases: CE20260522-06241
Issues/Analysis:
Variance Criteria
In accordance with NCGS § 160D-705(d) and UDO Section 30-2.C.14.f five standards must all be met for a variance to be granted.
1. Unnecessary hardship - Strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships; it shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property; and
2. Peculiar Conditions - Any practical difficulties or unnecessary hardships result from unique circumstances related to the land, such as location, size, or topography, and are not the result of the actions of the land owner, nor may hardships resulting from personal circumstances as well as hardships resulting from conditions that are common to the neighborhood or the general public be the basis for granting a variance; and
3. Minimum Action - The variance is the minimum action that will make possible a reasonable use of land or structures; and
4. Spirit of the Law - The variance is in harmony with the general purpose and intent of this ordinance and preserves its spirit; and
5. Public Safety - In the granting of the variance, the public safety and welfare have been assured and substantial justice has been done.
Applicable Standards and Request
The Unified Development Ordinance Section 30-5.D.5 sets the rear setback standards for the MR-5 zoning district as 30 feet from the rear property line. The applicant is requesting a 12 feet reduction to 18 feet.
Claim Presented by Applicant
The subject property is a 3920 square foot lot with a 900 square foot house centrally located. The dimensions of the property are 50’ x 75’ according to an exhibit submitted by the applicant. Based on the property dimensions, the property’s building envelope is extremely reduced.
Required Variance Findings
The Commission must determine whether the evidence supports EACH of the five criteria and associated findings.
The applicant provides the following statements within their application to support the variance criteria.
1. Unnecessary Hardship
o Due to small house and small lot size. Building deck helps make living a lot less difficult to have a space for joy the home
2. Peculiar Conditions, Not Self-Created
o The house is only 900sqft, they just need more space
3. Minimum Action Necessary
o It will raise the property values in the neighborhood
4. Spirit of the Ordinance
o This will have no negative impact on the surrounding area
Budget Impact:
Approval or denial of the requested variance does not create immediate or direct impacts on the budget aside from the normal administrative costs for notices, staff review, and the quasi-judicial evidentiary hearing.
Options:
• Approval - Find that the request meets all criteria
• Approval, but with conditions - Find that the request meets all criteria if adhering to a set of conditions
• Denial - Find that the request does not meet one or more criteria
Granting variances requires an affirmative vote of at least four-fifths of eligible members
Recommended Action::Recommended Action
N/A
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Attachments:
1. Application
2. Aerial Notification Map
3. Current Zoning Map
4. Future Land Use Map
5. Site Pictures (Subject Site)
6. Site Pictures (Surrounding Properties)
7. Site Plan