TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos - Planner I
DATE: October 14, 2025
RE:
Title
A25-40. Order of Approval - Findings of Fact. Variance request to reduce the minimum rear yard setback by approximately three (3) feet to allow a covered rear porch in the Single-Family Residential 10 (SF-10) zoning district, located at 5405 Palm Circle (REID 0406971715000), containing 0.36 acres ±, being the property of Mabel Ninette Guin, represented by Red Door Homes of Central North Carolina.
end
COUNCIL DISTRICT(S):
Council District(s)
5 - Council Member Lynne Greene
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2025
Goal I: Safe & Secure Community
• 1.2 - Ensure traffic & pedestrian safety. Relief is wholly internal to the rear yard and does not alter the public frontage or travelways; life-safety is addressed through building permit review and inspections.
• 1.4 - Engage citizens in safety. The request is processed by noticed, quasi-judicial hearing with standards applied on the record, ensuring transparent consideration of any safety implications.
Goal III: Invest in Today & Tomorrow
• 3.2 - Manage future growth & strategic land use. A minimal (~3 ft.) setback reduction accommodates a modest covered porch on a wedge-shaped lot with curved frontage while keeping all other dimensional standards in compliance.
• 3.4 - Revitalize neighborhoods with effective code enforcement. Uses a lawful variance to resolve a minor dimensional issue rather than proceed out of compliance.
Goal IV: Desirable Place to Live, Work, & Recreate
• 4.5 - Ensure great neighborhoods. Supports typical single-family residential form and neighborhood function; no change to use, density, or lot coverage.
Goal VI: Collaborative Citizen & Business Engagement
• 6.2 - Ensure trust & confidence via transparency & service. Mailed notice and a public hearing provide clear, accessible process for neighbors and the owner.
o 6.3 - Inform & educate about local government. The record and findings explain what a variance can - and cannot - do under the UDO.
Executive Summary:
30.2. C.14 Variance:
This case seeks limited relief from the SF-10 rear-yard dimensional standards to reduce the required 35-foot rear setback by approximately three (3) feet to allow a covered rear porch at 5405 Palm Circle (REID 0406971715000). The record reflects special site conditions - including a wedge-shaped lot with a curved frontage that constrains rear-yard depth - such that strict application of the standard would impose an unnecessary hardship, while all other setbacks and standards remain in compliance and no change to use, density, or lot coverage is proposed. The request is processed as a quasi-judicial variance pursuant to UDO §30-2.C.14 and N.C. Gen. Stat. §§160D-705(d) and 160D-406; variances authorize narrowly tailored deviations from numeric standards when hardships arise from conditions peculiar to the property and the relief is not contrary to the public interest.
Background:
Owner: Mabel Ninette Guin
Applicant: Red Door Homes of Central North Carolina (rep: Shavonda Gibbs)
Requested Action: Reduce the minimum rear yard setback by approximately three (3) feet to allow a covered rear porch
Zoning District: Single-Family Residential 10 (SF-10).
Property Address: 5405 Palm Circle
Size: 0.36 acres ±
Existing Land Use: Single-Family Dwelling
Surrounding Zoning and Land Uses
• North: SF-10 - Single-Family Residential
• South: SF-10 - Single-Family Residential
• East: SF-10 - Single-Family Residential
• West: SF-10 - Single-Family Residential
Letters Mailed: 29
Issues/Analysis:
Site & Case Context. The Subject Property is a ±0.36-acre SF-10 lot at 5405 Palm Circle, developed for a single-family dwelling. The lot is wedge-shaped with a curved front property line, which reduces usable rear-yard depth near the corners. The applicant seeks relief to allow a 12’x12’ covered rear porch to project ~3 feet into the required rear setback.
Applicable Standards (SF-10 Dimensional Standards). Under the UDO’s dimensional standards for SF-10 single-family detached dwellings, the minimum rear yard setback is 35 feet.
Requested Relief. Reduce the 35-foot rear setback by ~3 feet to accommodate a covered rear porch as shown on the plot plan. All other setbacks and standards remain I compliance; no change to use, density, or lot coverage is proposed.
Insufficient Justification for Variance. The following, on their own, do not constitute grounds for approval:
1. Existence of similar conforming or nonconforming structures nearby;
2. Intent to establish a use not permitted in the district;
3. Economic hardship or a claim that the property would yield greater value or profit.
Subsequent Development. The application proposes no additional development beyond the covered porch encroachment; the scope is limited solely to the ~3-foot reduction of the rear setback.
Findings of Fact Statements as reviewed by Planning Staff
1. Strict application causes practical difficulties/unnecessary hardship. The parcel’s wedge shape and curved frontage constrain rear-yard depth such that a modest 12’x12’ covered porch cannot be accommodated without a minimal (~3 ft.) encroachment, despite otherwise meeting SF-10 standards.
2. Hardship arises from unique land conditions, not the owner’s actions. The irregular lot geometry (wedge-shaped with curved frontage) is peculiar to the property and not self-created; it reduces rear-yard depth near the corners.
3. Minimum action to enable reasonable use. Relief is limited to ~3 feet for the porch only; all other standards remain in compliance, and there is no change to use, density, or lot coverage.
4. Harmony with the Ordinance; spirit preserved. The request maintains neighborhood scale and character and confines relief to a minor dimensional adjustment internal to the rear yard, consistent with the UDO’s purpose and intent.
5. Public safety and welfare assured; substantial justice done. The encroachment is entirely within the rear yard and poses no impact to public travelways; surrounding properties are similarly zoned SF-10 and developed with single-family homes.
Budget Impact:
• Direct Fiscal Effect: There is no direct fiscal impact. The requested variance allows for a minor dimensional deviation only and does not necessitate any City capital expenditures, construction, maintenance, or acquisition of public assets.
• Operating Costs: The activities associated with staff review, public noticing, and quasi-judicial hearings are routine and will be accommodated within the Development Services Department’s existing operating budget. No additional full-time equivalents (FTEs) or operational and maintenance (O&M) appropriations are required.
• Revenues/Fees: Any applicable variance, building, and inspection fees will be collected in accordance with the City’s adopted fee schedule and are expected to offset administrative processing costs.
• Ad Valorem/Long-Term: If the addition of the covered rear porch results in an increase in the parcel’s assessed value, any change to the tax base will likely be minimal and may only be realized in a future reassessment cycle.
• Enterprise/Utilities: This action does not prompt any City utility extensions or capacity investments. Any building-related impacts (such as minor roofing or impervious surface changes) will be managed through existing permitting processes and will not affect the City’s Capital Improvement Program (CIP) or debt program.
• Grants/Incentives: No grants, reimbursements, or financial incentives are being requested or are involved in this action.
Options:
1. Approve the Findings of Facts as drafted.
2. Approve the Findings of Facts with specific changes.
Recommended Action:
Approve the Findings of Fact as presented.
Attachments:
1. Findings of Fact
2. Application
3. Aerial Notification Map
4. Zoning Map
5. Land Use Map
6. Subject Property Photos
7. Surrounding Property Photos
8. Site Plan