TO: Zoning Commission
THRU: Craig Harmon, Senior Planner
FROM: Demetrios Moutos - Planner II
DATE: December 9, 2025
RE:Title
A25-50. Order of Approval - Findings of Fact. Variance request to reduce the MR-5 corner-side setback along Davis St. from 25 ft. to 10 ft. and the rear setback from 30 ft. to 15 ft. to allow a new single-family dwelling on the corner lot at 1001 Branson St. (REID 0437049051000), containing 0.16 acres ±, being the property of Verona Assets Inc., represented by Marcel Boatwright of Coldwell Banker Advantage - Fayetteville.
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COUNCIL DISTRICT(S):
Council District(s)
2 - Council Member Malik Davis
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2025
Goal I: Safe & Secure Community
1.2 - Ensure traffic & pedestrian safety. Relief is confined to setbacks on a corner lot and does not impact public rights-of-way; visibility and life-safety are addressed through building permit review, inspections, and sight triangle requirements.
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. Setback reductions accommodate infill development of a modest single-family home on a narrow, vacant corner lot while complying with all other dimensional standards.
3.4 - Revitalize neighborhoods with effective code enforcement. Uses a lawful variance to enable compliant residential infill rather than leaving the lot vacant or proceeding 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.
6.3 - Inform & educate about local government. The record and findings explain what a variance can - and cannot - do under the UDO.
Executive Summary:
30-3.D.5 Variance:
This case seeks limited relief from the MR-5 dimensional standards to reduce the required 25-foot corner-side setback along Davis St. to 10 feet and the 30-foot rear setback to 15 feet to allow construction of a new single-family dwelling at 1001 Branson St. (REID 0437049051000). The record reflects special site conditions - including a narrow corner lot with dual street frontages that severely constrain the buildable envelope - such that strict application of the standards 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: Verona Assets Inc. (contact: Bob Doran)
Applicant: Marcel Boatwright, Coldwell Banker Advantage - Fayetteville, for the owner
Requested Action: Variance(s) from UDO §30-3.D.5 (Minimum Yard/Setback; MR-5 Dimensional Standards) to reduce the corner-side yard along Davis St. from 25 ft. to 10 ft. and allow a rear yard setback of 15 ft., to enable a reasonable single-family building envelope on a platted corner lot.
Zoning District: MR-5 - Mixed Residential 5
Property Address: 1001 Branson St. (PIN 0437049051000)
Size: 0.11 acres ±
Existing Land Use: Vacant residential lot (single-family dwelling proposed)
Surrounding Zoning and Land Uses
• Immediate block: MR-5 - Predominantly residential
• Vicinity: LC - Limited Commercial; OI - Office & Institutional
Letters Mailed: Notices sent to 47 owners within a 300-ft. buffer of the subject parcel.
Issues/Analysis:
Site & Case Context. The Subject Property is a ±0.16-acre vacant MR-5 corner lot at the intersection of Branson St. and Davis St., with dimensions of approximately 50 feet along Branson St. and 60 feet in depth. The lot's narrow width and dual street frontages result in overlapping setbacks that limit the buildable envelope to roughly 15 feet by 26 feet under strict UDO application. The applicant seeks relief to expand the envelope to approximately 30 feet by 35 feet for a modest single-family home comparable to nearby residences.
Applicable Standards (MR-5 Dimensional Standards). Under the UDO’s dimensional standards for MR-5 single-family detached dwellings, the minimum front and corner-side setbacks are 25 feet, the minimum interior side setback is 10 feet, and the minimum rear setback is 30 feet (which may be reduced to 15 feet under certain conditions, but the lot's configuration requires variance for full compliance).
Requested Relief. Reduce the 25-foot corner-side setback along Davis St. to 10 feet and the 30-foot rear setback to 15 feet as shown on the site plan. All other setbacks and standards remain in 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: Existence of similar conforming or nonconforming structures nearby; Intent to establish a use not permitted in the district; Economic hardship or a claim that the property would yield greater value or profit.
Subsequent Development. The application proposes construction of a single-family dwelling within the adjusted setbacks; the scope is limited solely to the requested setback reductions.
Findings of Fact Statements as reviewed by Planning Staff
Strict application causes practical difficulties/unnecessary hardship. The lot’s narrow corner configuration and dual street frontages overlap setbacks, constraining the buildable envelope to an impractically small area (15 ft. x 26 ft.) that prevents construction of a reasonable single-family home, despite otherwise meeting MR-5 standards.
Hardship arises from unique land conditions, not the owner’s actions. The irregular lot geometry (narrow width with two street frontages) is peculiar to the property and not self-created; it stems from the original platting and predates current UDO standards.
Minimum action to enable reasonable use. Relief is limited to the specified setback reductions for the dwelling only; all other standards remain in compliance, and there is no change to use, density, or lot coverage.
Harmony with the Ordinance; spirit preserved. The request maintains neighborhood scale and character and confines relief to minor dimensional adjustments on a vacant infill lot, consistent with the UDO’s purpose and intent.
Public safety and welfare assured; substantial justice done. The adjustments pose no impact to public travelways or visibility (subject to sight triangle review); surrounding properties are similarly zoned and developed with single-family homes.
Budget Impact:
Direct Fiscal Effect: There is no direct fiscal impact. The requested variance allows for minor dimensional deviations 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 construction of the new dwelling 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 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::Recommended Action
Approve the Findings of Fact as presented.
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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