Cary ZPA backs variance to widen driveway at 405 Mildred Avenue

On Thursday the Village of Cary Zoning, Planning and Appeals (ZPA) voted to recommend that the Village Board approve a variance to increase the maximum driveway width at the property at 405 Mildred Avenue from 22.5 feet to 36 feet at the property line.

The recommendation followed staff testimony that the driveway was a legal nonconforming condition established before Cary's 2019 Unified Development Ordinance (UDO) and that a 2016 variance shortened the front setback to 13 feet, limiting the available taper length between the garage and the property line. "The existing 22 and a half foot driveway at 405 Mildred Avenue is considered legal nonconforming," said Nahara, a village staff member who presented the case. Staff recommended the variance, saying the lot's configuration creates a hardship that prevents compliance with current driveway-tapering requirements.

The variance request would allow the property owner to add garage access and maneuvering space tied to a recent two-story home addition that connected the main house to a previously detached garage. Nahara told the ZPA the property's history includes a 2008 conditional-use approval enlarging an accessory garage and a 2016 approval reducing the front-yard setback and expanding garage square footage; an October 2024 building permit allowed a roughly 1,025-square-foot addition that connected the garage and house and added side-access garage doors.

Commissioners pressed staff on whether the widened driveways are a broader trend on the riverfront subdivision and whether approvals are being routinely issued for similar lots. "The neighborhood is unique from a standpoint of its access to the river," said Brian Simmons, director of Community Development, noting that many lots fronting the Fox River have historically wider frontages and nonconforming pavements that predate the 2019 UDO. Staff said they were not aware of a trend of recent widening applications but noted the property's addition changed the use enough that complying with the current taper requirement would require removing lawn area.

Janice, who spoke for the property owners Brett and Dana, said she was representing them because they were out of town and asked that staff keep them informed of the outcome.

After discussion the ZPA chair called the motion to recommend approval. The roll call vote was unanimous in favor: Casteter — yes; Graziano — yes; Kretchmer — yes; Williams — yes; Corey — yes; Kessler — yes. The board's recommendation now goes to the Village Board of Trustees, where an ordinance will be required and the property owners must accept conditions and apply for applicable permits. Brian Simmons advised the owners to stay in touch with staff; the chair said the matter will likely appear on the July 1 Village Board meeting, possibly on the consent agenda.

The ZPA also discussed whether the village should revisit parts of the UDO that govern nonconforming residential features and administrative variance authority, noting the UDO has been in effect about six years and may benefit from clarifications if similar cases recur. Staff said administrative variance provisions already exist but offered to return with information if code tweaks are warranted.

If the Village Board adopts the recommended ordinance, the property owners must sign the ordinance conditions and apply for inspections and building permits before work proceeds.