08-26-1999 Regular Meeing and Public Hearing

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• PAGE 2 A Special Exception is a deviation from the requirements of the Zoning Ordinance. Before they grant a special exception, The Board of Adjustments must determine that the exception is not contrary to the best public interest and will not adversely affect the value or use of adjoining property. Special exceptions may be granted for the following items only: (1) The reconstruction of or addition to a building occupied by a non -conforming use. Additions cannot extend past the lot occupied by the original structure or use. The reconstruction or use cannot prevent the property from returning to a conforming use. (2) Deviation of yard requirements under the following cir- cumstances: v✓(a) Exceptions to front yard requirements if front yard setbacks are not met on abutting pieces of- property. (b) Exception to rear yard setbacks if any -four (4) lots within a block do not meet setback requirements. (c) Exceptions to yard requirements on corner lots. ✓(d) Exceptions to front yard requirements if existing front yard setbacks on a block are not uniform. (3) Waiving or reduction of off street parking and loading requirements if the Board feels they are unnecessary for the proposed use of a building or piece of property. Please remember it is the Applicant's responsiblity to prove that a Special Exception will meet the above conditions.. If there is not adequate room on the remainder of this'form'to list all pertinent information, please feel free to attach an additional letter or any information and exhibits you feel the Board should consider. FACTS RELEVANT TO THIS MATTER: Our street, South Y, is non -conforming, all 550 feet of it! It is a dead-end at both ends. Every lot is 50' X 80' except the two on the water. All houses are closer to the street than the 35' setback required by LaPorte. They are setback anywhere from 12' to 30' off the edge of the street. Our neighborhood was clearly platted and built out before the code 106- 191 was written. There are several non -conforming fences, one of which is ours. We were issued a permit in the spring of 196 to build our fence 16.25' from the edge of the street. According to Charles Bates survey (see attached), there is 11.25 feet of street right of way plus five feet to the front of our house making the front face of our house is 16' from the edge of the street and only 5' inside our property line.