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05-25-1989 Public Hearing and Regular Meeting
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05-25-1989 Public Hearing and Regular Meeting
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5/1/2017 4:36:18 PM
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City Meetings
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Zoning Board of Adjustments
Meeting Doc Type
Minutes
Date
5/25/1989
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r: <br />Appeal A89-003 <br />Page 2 <br />i <br />In considering interpretation of the zoning ordinance, it is <br />useful to begin with the ordinance's definition of "accessory <br />structure." This definition reads: <br />A detached, subordinate structure, the use of which is <br />clearly incidental. and related to that of the principal <br />structure or use of the land, and is located in the same <br />lots as ~that~of the principal structure or use. <br />As the term detached is not defined by the zoning ordinance, <br />Section 3-100 directs that it and other undefined terms be construed <br />in accordance with "their customary usage and meaning." Within this <br />context, the Webster's New Collegiate Dictionary defines detached as <br />"standing by itself: SEPARATE, UNCONNECTED." <br />The portion of Exhibit D highlighted in blue indicates the <br />breezeway/patio of the Herrick's proposed house. As it is clear from <br />this exhibit that the breezeway/patio roof is attached to the main <br />portion of the .house', it can in no way be considered as detached if <br />the "customary usage and meaning" of the word is used. <br />• Conclusion• <br />The Enforcing Officer was correct in determining the garage/patio <br />to be attached and subject to primary structure setback reouirements. <br />C <br />
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