Laserfiche WebLink
Board of Adjustment <br />April 28, 2011 <br />#SE 11-94000001 <br />Page 2 of 3 <br />structure meets the minimum 5' side setback to the north adjacent to an <br />existing rental/apartment building. <br />The City is committed to provide the best possible services to its citizen. To <br />move forward with this important public project, the City is requesting <br />special exceptions to waive a 10'side yard and 20' rear yard setback <br />requirements, and to allow placement of possible eaves and downspouts <br />within the building lines and/or property lines. <br />Analysis: The Code of Ordinances defines a special exception as a specified <br />enumerated deviation from zoning regulations. The Board is empowered to <br />grant a Special exception when itfinds the following: <br />❖ Grunting the exception will not adversely affect the value, or use of <br />neighboring property. <br />❖ Grunting the exception will not be contrary to the bestpublic interest. <br />The applicant's request is based on Section 106-191(b)(2), which states the <br />following: <br />• To deviate vard requir'eiventS in the f )n' lloiring ccillustances: <br />a. Anv exception fi'oiv the front var'd r'equir'eivents where the actual <br />front Yard setback of anv abutting lot does not meet the front Yard <br />requir'eivents. <br />b. A rear Yard exception irher'e the actual rear' Yard Setback of anv f )ur <br />or more lots in the same block does not meet the rear Yard <br />requirements of these regulations. <br />c. A vard exception on corner lots. <br />d An exception where the existing front vard setbacks of the various <br />lots in the same block are not uniform, so that any one of the existing <br />front Yard setbacks shall, for buildings hereafter constructed or <br />extended, be the required riiirliiiiruii fr'orlt Yard depth. <br />The applicant recognizes that Main Street is a unique district where buildings <br />are historic in nature and have minimum to no setbacks. Aesthetic look and <br />consistency with other existing structures are contributing factors for <br />requesting special exceptions. For similar reasoning and for consistency in <br />the neighborhood, it may not violate the spirit of the ordinance. <br />in addition, the Code of Ordinances, Section 106-191(b) (2) provides the <br />flexibility/relief needed to address the challenges being faced on the corner <br />lot development. <br />