TO: Zoning Commission
THRU: Jennifer C. Baptiste - Planning & Zoning Division Manager
FROM: Alannah Hudson, CZO - Planner I
DATE: September 8, 2026
RE:
Title
A26-34. Order of Approval - Findings of Fact: A variance request to reduce required setbacks at 521 Suffolk Court (0530350151000), owned by Pertrilla M. Poe.
COUNCIL DISTRICT(S):
Council District(s)
District 1 - Dr. Stephon Ferguson
b
Alignment with Strategic Plan:
Goal 2: A Responsive City Government Driving Economic Diversity and Sustainability
• Objective 2.1: Expand and diversify the City’s tax base to promote long-term fiscal resilience and economic stability.
Goal 4: A Thriving, Livable Community
• Objective 4.5: Support the development of vibrant, well-connected neighborhoods that enrich the quality of life for all residents.
Executive Summary:
The applicant has submitted a variance (A26-34) from the Unified Development Ordinance to reduce the required corner side yard setback from 30 feet to 16.5 feet, in order to construct a residential carport.
The Zoning Commission held an evidentiary hearing on August 11, 2026. No speakers opposed the variance, which was approved unanimously (5-0).
Per Section 30.2.C.14, variances are intended to provide relief from dimensional standards in cases where exceptional conditions - beyond the landowner’s control - create a unique hardship under the strict application of the Ordinance. Variances do not authorize changes to permitted uses or modify conditions of approval, and they are to be granted only under limited and specific circumstances.
Background:
Owner: Pertrilla M. Poe
Applicant: Michael Brown
Requested Action: Reduce setbacks to allow construction of a residential carport
Zoning District: SF-10 (Single Family Residential 10 District)
Property Address: 521 Suffolk Ct
Size: 0.28 acres ±
Existing Land Use: Single Family Residential
Surrounding Zoning and Land Uses:
o North - SF-10 Single Family Residential and Suffolk Court frontage
o South - SF-10 Single Family Residential abutting subject property
o East - SF-10 Single Family Residential abutting subject property
o West - SF-10 Single Family Residential and Westminster Drive frontage
Issues/Analysis:
The request is for a variance from the minimum setbacks established in Article 30-3.D.5 of the Unified Development Ordinance (UDO) for properties zoned SF-10 (Single Family Residential 10), which requires buildings to be 30 feet from the corner side property line. The subject property, located at 521 Suffolk Court, is within the allowable area for building construction. Complying with the required setbacks in this zoning district would restrict the property owner from constructing a desired carport to store vehicles out of the elements.
The variance is being sought to allow the applicant of the subject property to make use of the area within the corner side setback and construct a carport to shield their vehicles from the elements.
Insufficient Justification for a Variance:
The following do not constitute valid grounds for granting a Variance:
• The existence of conforming or nonconforming uses or structures elsewhere in the same or other zoning districts;
• A request to establish a use that is expressly or implicitly prohibited within the zoning district; or
• Claims of economic hardship or increased profitability that would result from approval of the Variance.
Findings:
The following findings are based on the applicant’s responses to the submitted application and the best available information about the proposal without the benefit of testimony provided at the evidentiary hearing.
Findings of Fact Statements as reviewed by the Planning Staff:
1. There is sufficient evidence that the strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
The subject property is a corner lot with two street frontages, which results in larger required setback areas than a typical interior lot. These additional setback requirements significantly reduce the available buildable area on the property. The existing residence and driveway location further limit where an attached residential carport can reasonably be constructed.
The proposed 20-foot by 20-foot open carport is designed to be located over the existing driveway and attached to the home. Strict application of the 30-foot setback requirement creates a practical difficulty by preventing construction in the only functional location available. The requested 13.95-foot setback variance is the minimum relief necessary to allow a customary residential improvement while maintaining compatibility with the surrounding neighborhood. The proposed carport will not adversely affect public safety, traffic visibility, drainage, or neighboring properties.
2. There is sufficient evidence that any practical difficulties or unnecessary hardships result from unique circumstances related to the land and are not the result of the actions of the landowner, as shown by the following evidence:
The practical difficulties associated with this request are caused by the unique physical characteristics of the property. The subject property is a corner lot with frontage on Suffolk Court and Westminster Drive, which results in larger required setback areas than a typical interior lot. These setback requirements significantly reduce the available buildable area. In addition, the existing location of the residence and driveway further limits where an attached carport can be reasonably constructed.
These conditions are inherent to the property and were not created by the current property owner. The requested variance is based solely on the unique configuration and location of the lot and is not the result of personal circumstances or actions taken by the owner. The requested setback reduction is the minimum relief necessary to allow construction of a customary residential carport over the existing driveway while maintaining compatibility with surrounding single-family residences.
3. There is sufficient evidence that the Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
The requested variance is the minimum action necessary to allow reasonable use of the property. The proposed attached 20-foot by 20-foot open carport is designed to be constructed over the existing driveway, which is the only practical location due to the corner lot configuration, required setbacks, and existing location of the residence.
The requested reduction from the required 30-foot setback to a proposed 16.05-foot setback (13.95-foot variance) is the minimum relief necessary to accommodate the structure. Reducing the size of the variance further would prevent construction of a functional two-car carport in the only feasible location. The request does not seek any additional relief beyond what is necessary and will preserve the residential character of the neighborhood while allowing a customary residential improvement.
4. There is sufficient evidence that the Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
Granting the requested variance will remain in harmony with the general purpose and intent of the City of Fayetteville Unified Development Ordinance by allowing a customary residential accessory structure while preserving the character of the surrounding neighborhood. The proposed 20-foot by 20-foot attached open carport will be constructed using materials and a roof design that match the existing residence, maintaining the appearance of the property and surrounding homes.
The requested variance will not adversely affect public health, safety, or welfare, will not obstruct traffic visibility, interfere with drainage, or negatively impact neighboring properties. The request is limited to the minimum setback relief necessary because of the property’s unique corner-lot configuration and existing improvements. Approval of this variance will preserve the spirit and intent of the ordinance while allowing a reasonable residential improvement consistent with the surrounding single-family neighborhood.
5. There is sufficient evidence that in the granting of the Variance, the public safety and welfare have been assured, and substantial justice has been done, as shown by the following evidence:
Granting the requested variance will protect the public safety and welfare while allowing the reasonable use of the property. The proposed 20-foot by 20-foot attached open carport will be constructed in accordance with all applicable North Carolina Building Code requirements and City permitting requirements. The structure will remain open-sided, will not obstruct traffic visibility at the intersection, interfere with drainage, or impede access for emergency services or utilities.
The proposed carport will be compatible with the surrounding single-family neighborhood by matching the existing residence in design, roof pitch, and exterior materials. Approval of the requested 13.95-foot setback variance will not adversely affect neighboring properties or the public interest. Instead, it will allow the owner to make reasonable use of a uniquely constrained corner lot while preserving the intent of the Unified Development Ordinance. Granting this variance ensures substantial justice by recognizing the unique physical characteristics of the property and allowing a customary residential improvement without creating harm to the community.
Budget Impact:
Case A26-34 does not create a direct fiscal impact for the City. The only cost is the routine staff time for processing the variance application, public notice, supporting the Zoning Commission hearing, and preparing documentation records.
Options:
1. Approve the drafted Findings of Fact, which match the draft Order to Approve A26-34 and the hearing record.
2. Approve the Findings of Fact with revisions, the Zoning Commission requests, and the hearing record supports.
Recommended Action:
Staff recommends approval of option 1 above.
Attachments:
1. Order to Approve A26-34 - Findings of Fact and Conclusions of Law
2. Site Plan (A26-34)