TO: Zoning Commission
THRU: Jennifer Baptiste, CZO – Planning & Zoning Division Manager
FROM: Thomas Cohen – Planner I
DATE: October 13, 2026
RE:Title
A26-46: A variance at 333 Rhew St (0418275618000) to reduce the rear setback from 30 feet to 18 feet owned by Juliana Baltazar Orocio.
Title
end
end
COUNCIL DISTRICT(S):
Council District(s)
9 – Council Member Deno Hondros
b
Relationship To Strategic Plan:
Goal 2: Economic & Strategic Growth
Objective 2.8: To revitalize neighborhoods with effective code enforcement and violations abatement
Goal 3: Desirable Place to Live, Work, & Recreate
Objective 3.5: To ensure a place for people to live in great neighborhoods
Executive Summary:
The applicant is requesting a variance to the rear setback standards found in UDO Section 30-3.D.5 Mixed Residential 5 (MR-5) Zoning District to decrease the required setback from 30 feet to 18 feet. This would enable the completed application of an after-the-fact building permit to resolve Code Enforcement Case CE20260522-06241 for the unpermitted construction of a deck attached to the rear of the home.
Background:
Owner: Juliana Baltazar Orocio
Request: Reduce rear setback from 30 feet to 18 feet
Parcel Identification Number (PIN): 0418275618000
Parcel Size: ± 0.09
Existing Site Conditions: Single-family home and shed
Immediate Context: Single-family homes and a vacant forest
Public Notice: Notification letters were sent to property owners within 300 feet of the subject site equating to 21 notices sent.
Related Cases: CE20260522-06241
Issues/Analysis:
Variance Criteria
In accordance with NCGS § 160D-705(d) and UDO Section 30-2.C.14.f five standards must all be met for a variance to be granted.
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
Pe...
Click here for full text