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Board of Adjustment Regular Meeting <br />May 28, 2015 <br />th <br />Oakland Land & Development 16 Street Side (North) Setback Variance <br />Notice of Public Hearing: <br />Section 106-194 of the Zoning Ordinance stipulates the various requirements for public notice of <br />the public hearing. This variance included all of the necessary code requirements for a public <br />hearing including the following: <br />Notice of public hearing was posted in the newspaper of general circulation ten days <br />prior to the date of the hearing. <br />Mailed notices were sent to all owners of property lying within 200 feet of the site ten <br />days prior to the date of the hearing. <br />A sign was posted on the site ten days prior to the hearing date. <br />Additionally, in compliance with state law, notice of the public hearing was posted at City Hall <br />and on the City’s website at least ten days prior to the date of the public hearing. <br /> <br />Applicable Code Provisions: <br />Section 106-522, stipulates regulations regarding industrial area requirements. The following is <br />an excerpt from that section as applicable to this variance request (see highlighted): <br /> <br />Sec. 106-522.-Table A, Industrial area requirements. <br />Modified <br />(a)Table A, industrial area requirements. <br />UsesMinimumMaximumMinimumAdjacent toMaximumBldg. Design <br />610 <br />LandscapingLotYardResidentialHeightStandards <br />RequirementsCoverageSetbacksMinimum (feet) <br />4 <br />(percent) (percent)F.R.S.Yard <br />1, 3, 5 <br />Setback <br />(feet) F.R.S. <br />2, 5, 9 <br />(feet) <br />LI light 5 % up to one 7020-10-1030-50-50N/A <br />industrial acre –four foot <br />district; all minimum frontage <br />7.5 % one acre – <br />permitted or <br />conditional10 acres –10 foot <br />minimum frontage <br />10 % -greater <br />than 10 acres – <br />25 foot minimum <br />frontage <br />Analysis: <br />The request is to allow construction of a new office/warehouse building that is 3 feet from the <br />side (north) property line. This represents a 7-foot encroachment into the side setback. In this <br />case, the subject site is only 75’ in width, which makes it difficult to fit in a building and at the <br />same time accommodate sufficient area to provide for site circulation. As proposed, there is <br />32.3’ of space between the building and the south property line to provide for site circulation. If <br />the applicant were to comply with the code, this distance would be reduced to 25.3’ and would <br />make circulation difficult. <br /> <br />2 <br /> <br />