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Board of Adjustment <br />August 28, 2003 Meeting <br />#SE 03-005 <br />Page 2 of 3 <br />This exception is being requested under the terms of Section ' 106- <br />191(b)(2)(a) ofthe City's Code of Ordinances. <br />❖ To deviate a front yard setback requirement where the actual front yard <br />setback of any abutting lot does not meet the front yard requirement. <br />Anal is: The Code of Ordinances defines a special exception as a specified <br />enumerated deviation from zoning regulations. -The Board is empowered to.. <br />grant a special exception when it finds the following: <br />❖ Granting the exception will not adversely affect the value, or use of <br />neighboring property. <br />❖ Granting the exception will not be contrary to the best public interest. <br />The issues to consider are impact on neighboring property and the best <br />public interest. Although there are other homes within the same block that <br />do not comply with the standard twenty-five foot (25') front yard setback, <br />the home (including the small porch) closest to the front property line is just <br />over ten -feet (10') Based on the applicant's request, the porch addition <br />would result in her structure being located just over eight -feet (8) from the <br />front property line. <br />The Board must consider whether increasing the degree of non -conformity, <br />as requested by the applicant, will adversely impact the adjacent properties <br />or be contrary to the best public interest. <br />Conclusion: When considering Special Exception request SE#03-005, the fact that the <br />existing house currently represents an "average setback" of the various yard <br />setbacks that . exist within the same block. If the Board is uncomfortable <br />granting this "less -restrictive" setback to this one home, they may consider <br />amending the applicant's request by reducing the proposed depth of the <br />roofed -over porch. <br />Reducing the porch depth from seven -foot (7') to five-foot (5') would result <br />in a ten -foot (10) setback in lieu of an eight -foot (8') front yard setback as <br />requested by the applicant. <br />