08-26-1999 Regular Meeing and Public Hearing

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Staff Report -August 26,1999 Special Exception Permit Request #SE99-003 Requested bv: John & Catherine Focke, property owners Requested for: Lots 4,5; Block 1; Oakhurst Location: 111 South Y Street Zoning: Low Density Residential (R 1) Background: The applicants' house (111 South Y Street) is actually located on Lots 2,3 of Block 1, Oakhurst. They purchased their property in May, 1995 and since the adjoining lots (Lots 4,5) were never maintained, they hired a private investigator to track down the owner or heirs of the adjoining properties. The search lasted eighteen months and resulted in the applicants acquiring the properties by paying the last ten years of unpaid taxes. . In 1996, the applicants received a permit from the city to build a fence on Lots 2,3. The fence permit application was submitted to the city without an accompanying property survey. Their request was for a fence that would not extend past the front of the house. Typically, the house would have a twenty-five foot front setback so the installation of a fence in this location would not be a problem. However, the staff that helped the customer assumed a standard setback and was unaware of the reduced lot depth and the fact that the existing house did not comply with the minimum twenty-five foot front setback regulations. The lack of a survey compounded the situation. The permit was issued and the applicant has that fence in place on Lots 2 and 3. At this time, the applicants are requesting an exception to allow the installation of a front yard fence to be located on Lots 4,5. (See Exhibit A) This new fence would connect to the existing fence located on their original Lots 2,3 that was permitted in 1996. This exception is being requested under the terms of Section 106-19 1 (b)(2)(a). ❖ To deviate a front yard requirement where the actual front yard setback of any abutting lot does not meet the front yard setback.