09-24-1992 Public Hearing and Regular Meeting ZBOA

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Page 2 of 3 Zoning Board of Adjustment Special Exception Request #SE92-004 The second option would be to have the easement closed and abandoned. It is staffs understanding that the applicant is going to pursue this option. It is, however, a time consuming process ultimately requiring the lot in question to be replatted. The third option is to petition the Board of Adjustment for a Special Exception to allow the two (2) foot encroachment. This is the purpose of this request. Analysis: The Special Exception requested by the applicant is not specifically listed by the Zoning Ordinance. Section 4-201 does, however, empower the Board to consider special exceptions concerning non-conforming structures. The garage is considered non-conforming due to the easement encroachment. Additionally, Ordinance Section 11-605 allows the Board to consider exceptions concerning deviations to yard requirements. The request also falls into this general category. The Board should, therefore, be empowered to consider this request. In making a determination, the Board must consider the ordinance requirement that a special exception only be granted if it can be shown that granting will not "adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest (Section 11-605.2)". City records confirm the applicant's statement that the utility easement is unused. Given the easement's location, staff feels that it is not likely to be used for future utilities. The house and garage satisfy all other ordinance requirements for setback and lot coverage. The structures comply with flood elevation requirements. Conclusion & Recommendation: Based on the facts of this case, granting the requested exception would not adversely affect neighboring property, nor does it appear to be contrary to the best public interest. Under the guidelines of the Ordinance Sections 4-201 and 11-605, the request is eligible to be considered for a special exception. Staff, therefore, recommends granting Special exception SE92- 004.