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<br />Page 2 of 4 <br />Zoning Board of Adjustment <br />SE93-003 <br /> <br />Analysis: <br /> <br />Zoning Ordinance Section 11-605.2 defines a special exception <br />as a specifically enumerated "deviation from the requirements <br />of the Zoning Ordinance." Section 11-605.2.b.3 allows the <br />Board to consider "yard exceptions on comer lots." <br /> <br />The Zoning Ordinance also requires the Board to grant special <br />exceptions only: <br /> <br />· "when...such exception will not adversely affect the value <br />or use of adjacent or neighboring property." <br /> <br />· when such exception will not "be contrary to the best <br />public interest." <br /> <br />Given the location of the patio on an "outside" comer of the <br />property, value and use of adjacent properties is not an issue. <br />The property to the north (across Polk Street) is a <br />driveway /parkiog area for an auto repair shop. The <br />southbound Highway 146 feeder borders the property to the <br />east. <br /> <br />The matter of the best public interest is at issue, however. <br />Zoning Ordinance Section 1-200, in part, states: <br /> <br />The zoning regulations and districts as herein <br />established have been made in accordance with <br />a Comprehensive Plan for the purpose of <br />promoting the health, safety...and general welfare <br />of the City.... They have been designed to lessen <br />congestion in the streets...to prevent overcrowding <br />of land... and to facilitate the adequate provision <br />of transportation (complete text is on Page 1 of <br />the Zoning Ordinance). <br /> <br />Based on the preceding paragraph, staff, for the following <br />reasons, does not believe this request to be in the best public <br />interest. <br />