07-27-95 Regular Meeing and Public Hearing

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Staff Report March 29, 1996 Appeal of the Enforcement Officer's Decision #A96-001 Requested By: James Forrest, property owner. Requested For: A 1.5930 acre tract and a 1.0179 acre tract, both out of the Enoch Brinson Survey, A5, which are collectively described as being located at 2231 Sens Road. (See Exhibit A) Zonin~: Business Industrial (BI) (See Exhibit B) Purpose of Request: The applicant is appealing the decision of the Enforcing Officer to deny a building permit for construction of a new 17,000 square foot building addition. The permit was denied based on failure of the building to maintain the 40 foot rear building setback required for structures located in BI zones. Back~ound: As noted in the heading section of this report, the tract in question is located in a Business Industrial zone. Zoning Ordinance Section 7-600, requires that buildings located in BI zones maintain a 40 foot setback adjacent to rear property lines. As shown on the applicant's site plan, the proposed building would have a rear setback of only 20 feet. Based on this failure to maintain the proper setback, the Enforcing Officer was obligated to deny the requested permit. As illustrated on Exhibit A, the site setback (south side) of the proposed addition would be 15 feet. In 1994, the Board of Adjustment granted variance V94-002, allowing a side setback of 15 feet adjacent to this property face. The proposed addition would comply with the terms of this earlier variance. Side setback is not a factor, or consideration in regards to this appeal. Analysis: Zoning Ordinance Section 11-604 establishes the conditions under which the Board may grant an appeal. The guidelines are as follows: . That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map, provided the interpretation of the