TO: Zoning Commission Members
THRU: Jennifer C. Baptiste - Planning & Zoning Division Manager
FROM: Mikayla Layral - Planner II
DATE: October 13, 2026
RE:Title
A26-36: Order of Denial - Findings of Fact: A variance at 505 Broadgate Road (0531664085000) to reduce the rear yard setback from 35 feet to 25 feet a Single-Family Residential 10 (SF-10) zoning district owned by Rose Builders Inc.
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COUNCIL DISTRICT(S):
Council District(s)
1 - Councilman Dr. Stephon Ferguson
b
Relationship To Strategic Plan:
Goal III - City Investment in Today & Tomorrow
• Objective 3.2 - To manage the City’s future growth and strategic land use.
Goal IV - Desirable Place to Live, Work, & Recreate
• Objective 4.5 - To ensure a place for people to live in great neighborhoods.
Executive Summary:
The applicant is requesting a variance in the setback requirements associated with the City’s Unified Development Ordinance as it relates to single-family homes within a Single Family Residential -10 (SF-10) zoning district. The variance would reduce the required 35 ft. rear yard setback by 10 ft., allowing a 25 ft. rear yard setback to accommodate the construction of a new single-family dwelling.
On August 11th the Zoning Commission held an evidentiary hearing regarding this application. After receiving testimony and evidence presented, the Commission voted 3-2 on a motion to approve the variance. The motion failed, and the variance was denied.
Background:
Owner: Adam Rose, Rose Builders Inc.
Request: Reduction of the minimum rear setback from 35 ft. to 25 ft. to allow for construction of a detached single-family dwelling.
Address: 505 Broadgate Rd
Parcel Identification Number (PIN): 0531664085000
Parcel Size: 0.38 acres ±
Existing Site Conditions: Vacant lot
Immediate Context: Single family residential neighborhood
Utilities: Public water, sewer, and power
Public Notice: Notification letters were sent to property owners within 300 ft. of the subject site equating to 35 notices sent.
Issues/Analysis:
Variance Criteria
In accordance with NCGS § 160D-705(d) and UDO Section 30-2.C.14.f, five standards must 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 Ordinance - 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
UDO Section 30-3.D.3 outlines setbacks and buildable area requirements for SF-10 zoned parcels.
• Existing Rear Setback (minimum ft.): 35 ft.
o Proposed Variance: 25 ft. (reduction of 10 ft.)
Claim Summary
The applicant states that the required rear setback, together with the site’s physical constraints, limits the available building area and restricts the ability to construct a home comparable to other residences within the subdivision while complying with the minimum setback standards.
Required Variance Findings
The Commission must determine whether the evidence supports EACH of the five criteria and associated findings.
1. Unnecessary Hardship
o The applicant states the current setbacks on this lot hinder the ability to build a comparable product to the existing homes within the subdivision. Additionally, the presence of wetlands as well as a 30’ drainage & utility easement severely limit the width of a house that could be constructed. n.
2. Peculiar Conditions, Not Self-Created
o The applicant states the size and shape of the lot create practical difficulties by limiting the actual building area of the lot. More specifically, the wetlands and 30’ drainage and utility easement on the lot hinder the ability to build a wider home that could potentially stay within the current setbacks. The granting of the variance would negate any practical difficulties or unnecessary hardship.
3. Minimum Action Necessary
o The applicant states granting a variance for the reduction of the rear setback from 35 feet to 25 feet (10 foot reduction) would allow for the construction of a new single family detached dwelling on this lot thus allowing for this property to be what it was ultimately developed for - to have a single family dwelling constructed on the lot.
4. Spirit of the Ordinance
o The applicant states receiving the variance on the project would allow for the construction of a new single family detached dwelling, which is the intended purpose of this lot.
5. Public Safety
o The applicant states that with the granting of this variance, public safety and welfare will benefit from the increase of property taxes being paid on a single family detached dwelling rather than an unimproved lot.
Budget Impact:
Approval or denial of the requested variances does not create immediate or direct impacts on the budget aside from the normal administrative costs for notice, staff review, and the quasi-judicial evidentiary hearing. There will be little to no downstream or indirect impacts on the budget from approving or denial of the request.
Options:
1. Approve the drafted Findings of Fact, which are consistent with the drafted Order to Deny A26-36 and the hearing record.
2. Approve the Findings of Fact with revisions that the Zoning Commission requests and the hearing record supports.
Recommended Action::Recommended Action
Option 1 above - Approve the drafted Findings of Fact
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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
8. Order to Deny A26-36 - Findings of Fact and Conclusions of Law