01-23-1992 Public Hearing and Regular Meeting ZBOA

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During the same time period, the City was considering amending the Zoning Ordinance to allow front yard carports. This was the reason for deferring further action. On December 9, 1991, Council approved an amending Ordinance (1501N) which permits front yard carports in certain circumstances. These provisions, found in the Zoning Ordinance Section 10-401.4, allow front yard carports subject to the following stipulations: a. Carports in a required front or side yard shall not be located closer than five feet (5') from any front or side property line. b. Carports located on corner lots shall not be located closer than twenty- five feet (25') from an intersecton. This distance shall be measured from the intersection of property lines common with street right-of-way lines. c. The maximum width of a carport located in a required front or side yard shall be twenty-five feet (25'). The applicant's carport complies with all of these regulations except the twenty-five foot (25') setback from public intersections. As indicated in Exhibit "A", the carport is only setback eighteen feet (18') from the West "A" Street intersection. Mrs. Sly is requesting a Special Exception to the twenty-five foot (25') setback provision. She is requesting the exception under the provisions of Zoning Ordinance Section 11-605.2.B which allows the Board of Adjustment to grant "yard exceptions on corner lots". This type of exception is only allowed when the Board finds "such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest". Analysis: This situation creates a unique situation for several reasons. First, the carport was erected without a permit in violation of the existing Ordinance. Second, the City did not pursue enforcement of the Zoning Ordinance as we were in the process of amending the Ordinance. Finally, and most importantly, the imposition of the Zoning Ordinance requirements on this older property imposes a hardship. At the time these properties were subdivided and homes constructed, there was not an ordinance in place that would have necessitated additional setbacks from the rights-of-way. On this corner lot, with minimum setbacks, the property owner would not be able to accommodate the carport without some relief.