07-22-1993 Public Hearing and Regular Meeting ZBOA

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Page 2 of 7 Zoning Board of Adjustment Staff Report 9-2-93 SE93-006; JJ Meza In order to construct the building as proposed, the applicant must first obtain a special exception to the setback provision of Zoning Ordinance Section 6-500. Under the terms of this section, buildings constructed in General Commercial zones must maintain a front setback of 20 feet. Additionally, a setback of 10 feet must be maintained adjacent to side street rights-of-way. The applicant is requesting the exception to these requirements under the provisions of Ordinance Section 11-605.2.b. Paragraph #1 of this section allows "exception from the front yard requirement where the actual front yard setback of any abutting lot does not meet the front yard requirement." Paragraph #5 allows for "yard exception[s] on corner lots." This is the provision under which Mr. Meza is requesting the exception for side setback. The other component of this request is to waive the off street parking requirements of Section 10-609. Under the terms of this section, the building Mr. Meza proposes to erect would require a minimum of 17 parking spaces (based on 2500 square feet of retail area and 1500 square feet of shop area). He is requesting that off street parking provisions be waived. This exception is being requested under the provisions of Section 11- 605.2.c which allows the elimination of "off street parking ,.. requirements when the Board finds the same are unnecessary for the proposed use of the building...." Zoning Ordinance Section 11-605.2 empowers the Board of Adjustments to consider and grant the types of special exceptions requested above. In addition to the specific conditions already mentioned, the Zoning Ordinance requires the Board to consider the following issues: The special exception will not adversely affect the value and use of adjoining property. The special exception must not be contrary to the best public interest.