TO: Zoning Commission
THRU: Craig Harmon, Senior Planner, CZO
FROM: Thomas Cohen - Planner I
DATE: March 10 2026
RE:Title
A26-14: Is a request from T&C Construction Group, LLC (Travis Hinnant, Applicant) for a variance in the setback requirements to allow for construction at 2421 Colgate Drive (042655813200)
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COUNCIL DISTRICT(S):
Council District(s)
5 - Lynne Greene
b
Relationship To Strategic Plan:
Goal I - Safe and Secure Community
• Objective 1.2 - To ensure traffic and pedestrian safety
• Objective 1.3 - To ensure low incidence of property and violent crime
Undeveloped and unmanaged land can be the source of neighborhood harm via vagrants, hostile wildlife, or a source of wildlife-centered road accidents on a curved road.
Goal II - Responsive City Government Supporting a Diverse & Viable Economy
• Objective 3.2 - To manage the City’s future growth and strategic land use
Additional properties connected to existing utility services generate property tax revenue with minimal additional infrastructure investment
Goal IV - Desirable Place to Live, Work, & Recreate
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
A single-family home of like appearance can influence aesthetics and can be seen as more aesthetic than an undeveloped tract of land within a residential neighborhood.
Goal VI - Collaborative Citizen & Business Engagement Base
• Objective 6.2 - To ensure trust and confidence in City government through transparency and highquality customer service.
The case is quasi-judicial and requires public notice and standards are decided on using fact-based evidence which reinforces transparency and public confidence.
Executive Summary:
Applicant is requesting a variance in the setback requirements associated with the city’s UDO as it relates to detached single-family homes within the bounds of an SF-10 district - to allow the construction of a home to similar standards as neighboring property. Stated requirements are a 9ft and a 3.0ft adjustment to accommodate the western rear-corner and garage (front) respectively.
Background:
Variance Request: Minimum yard/setback (9ft to the rear, 3 feet to the front) to allow for normal construction of a detached single-family home.
Current Setback Requirements:
• Front: 30 feet
• Side: 10 feet
Parcel Identification Number (PIN): (0426558132000)
Site Size: ± 0.73 acres
Current Zoning: SF-10
Immediate Context: Adjacent to a series of utility poles and single-family homes
Existing Use: None
Public Notice: Notification letters were sent to property owners within 300 feet of the subject site equating to 24 notices sent.
Issues/Analysis:
Variance Requirements
In accordance with NCGS § 160D-705(d) and City UDO Section 30-2.C.20 - four statutory standards must all be met to grant a variance.
1. Unnecessary Hardship - That unnecessary hardship would result from the strict application of the ordinance.
2. Peculiar Conditions - These hardships result from the peculiarity of the land only
3. Not Self-Created - These hardships cannot be self-created by the owner or the applicant
4. Spirit of the Law - The variance is consistent with the spirit and intent of the UDO in that public safety is secured.
An additional principle includes that the minimum action necessary is being requested - that a mile is not being requested when an inch would suffice.
Applicable Standards and Proposals
UDO Section 30-3.D.3 outlines setbacks and buildable area requirements for Single Family 10 zoned parcels.
• Existing Front and Corner Side Setback (minimum ft): 30ft
o Proposed Variance: 27ft (Reduction of 3ft)
• Existing Side Setback: 10ft
o Proposed Variance: 1ft (Reduction of 9ft)
Evidence Presented by Applicant
The required build area is the result of compounding geographical circumstances
• The utility easement on the eastern portion of the lot and the 10ft fall line created pushed building westward
• Westward push was into grading unsuitable to construction necessitating further westward placement
• Odd shape of the lot renders reasonable building within constraints untenable
Required Variance Findings
The Commission must determine whether the evidence supports each required finding
The following is a neutral framing of how the record may be evaluated.
• Unnecessary Hardship
o The applicants’ statements emphasize multiple aspects of the lot, rendering much of it unbuildable to the required layout
o The Commission may consider whether these are considered practical or unnecessary difficulties
• Peculiar Conditions
o The applicant’s statements allude to that neighboring lots are not limited in the same way
o The Commission may consider whether these conditions are unique to the land rather than common to other residential lots
• Not Self-Created
o The applicant connects these aspects to geography and easements
o The Commission may consider whether these conditions are the result of a self-created problem
• Spirit of the Law
o The Commission may evaluate whether varying the setbacks to the request is in harmony with the law and does not hinder public safety
• Minimum Action Necessary
o Applicant claims the requested variances are the minimum necessary to bring the build back over the line
o The Commission may consider whether these are the minimum variances necessary to achieve the goal
Budget Impact:
Approval or denial of the requested variance does not create immediate and direct impacts on the budget other than the budget allocated operating cost of relevant staff. Any indirect budget impact via utility extensions, enhancements, or other such costs are not triggered by the map amendment itself and will be evaluated through other processes.
Options:
1. Approval - Find that the request meets those necessary standards.
2. Approval, but with conditions - Find that the request meets those necessary standards with a set of conditions.
3. Denial - Find that the request does not meet those necessary standards and that conditionality will not suffice.
4. Table - Find that more information is necessary to make findings and table the case for a later date.
Recommended Action::Recommended Action
No staff recommendation shall be provided. Commission action is based on the variance standards defined in Section 30-2.C.14.F, NCGS § 160D-705(d), and evidence found in the record.
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Attachments:
1. Application
2. Aerial Map
3. Zoning Map
4. Future Land Use Map
5. Site Pictures
6. Surrounding Area Pictures