TO: Zoning Commission
THRU: Jennifer C. Baptiste - Planning & Zoning Division Manager
FROM: Craig Harmon, CZO - Senior Planner
DATE: July 14, 2026
RE:Title
A26-23 Finding of Fact: A request by James Smith of J H Smith Investments for a variance to the fence height standards (Section 30-5.D.4.a) to allow for a taller fence for security purposes at 1651 Cedar Creek Road (0446815034000).
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COUNCIL DISTRICT(S):
Council District(s)
2 - Malik Davis
b
Relationship To Strategic Plan:
Goal I: Safe and secure community
* 1.3 - To ensure low incidence of property and violent crime
A properly erected security fence of appropriate height to match the existing security fencing will better enable thief and trespasser deterrence.
Goal II: Responsive city government supporting a diverse and viable economy
* 2.4 - To sustain a favorable development climate to encourage business growth
A proper security fence will enable the expansion and redesign of a local commercial enterprise.
Goal III: City investment in today and tomorrow
* 3.2 - To manage the City's future growth and strategic land use
A properly heighted security fence will enable the parcel to be used for the commercial venture without requiring additional land or significant land redevelopment.
Executive Summary:
On June 9, the Zoning Commission held an evidentiary hearing regarding this application. After receiving sworn testimony and evidence the Commission voted 4-1 to approve the variance.
Request
The applicant requests a variance to UDO Table 30-5.D.4 to increase the maximum fence (including chain link) height within the side and front yards from 4 feet to 6 feet; an increase of 2 feet.
Zoning Commission Decision Point
The Zoning Commission acting in accordance with NCGS ? 160D-705(d) and UDO Section 30-2.C.14.e.2 must decide a course of action:
* Approve the variance request as submitted
* Approve the variance request with conditions
* Deny the variance request
Variance ...
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