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<br />Page 6 of 7 <br />Zoning Board of Adjustment <br />Staff Report 9-2-93 <br />SE93-006; JJ Meza <br /> <br />Conclusion: <br /> <br />building could presently encroach as much as 2 feet onto the <br />North 3rd Street right-of-way. <br /> <br />This encroachment (should it be verified by survey) is not legal. <br />The Board of Adjustment is under no circumstances <br />empowered to grant any special exception that would allow a <br />structure to encroach onto a public right-of-way. Should the <br />Board decide to grant this exception, it must be clearly noted <br />that no portion of the structure (even if as a result, the width of <br />the proposed building must be reduced) may encroach onto a <br />public right-of-way. The applicant has indicated that he <br />understands this issue. He has stated that he is willing to <br />reduce the width of the new structure should it be necessary. <br /> <br />Based on the facts and considerations noted in the preceding <br />report, staff finds this request to satisfy Zoning Ordinance <br />guidelines. Staff, therefore, recommends that Special Exception <br />SE93-006 be granted subject to the following conditions: <br /> <br />· The front setback shall be reduced to zero. <br /> <br />The side setback, adjacent to the North 4th Street <br />right-of-way, shall be reduced to zero. No <br />portion of the structure shall, however, encroach <br />beyond the property line and onto the public <br />right-of-way. <br /> <br />· Off street parking requirements for customer and <br />employees shall be waived. Company vehicles <br />shall be parked on premise. <br /> <br />· A rear setback of at least 45 feet shall be <br />maintained. <br /> <br />· The rear setback area shall be surfaced in <br />accordance with the provisions of Zoning <br />Ordinance Section 10-605.6 with driveway access <br />being provided from the adjacent alley. <br />