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<br />Board of Adjustment <br />November 15,2006 <br />#SE 06-004,005 <br />Page 2 of3 <br /> <br />Analvsis: <br /> <br />Conclusion: <br /> <br />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 /> <br />.:. Granting the exception will not adversely affect the value, or use of <br />neighboring property. <br /> <br />.:. Granting the exception will not be contrary to the best public interest. <br /> <br />The applicant's request is based on Section 106-191 (b )(2)( c), which states <br />the following: <br /> <br />. To deviate yard requirements in the following circumstances: a yard <br />exception on corner lots. <br /> <br />Contributing factors played a role in creating this situation. The initial factor <br />was the property survey's lack of reference regarding building setback <br />requirements and subsequently, the developer did not contemplate the <br />requirement for 10' side building lines on comer lots. The developer has <br />stated that, there are number of structures built in the area having 5' side <br />building lines and allowing an exception to the side setback would not create <br />a visual obstacle for vehicular traffic or motorists. For similar reasoning and <br />for neighborhood consistency, Section 106-191 (b )(2)( c) provides the <br />flexibility or relief needed to address the challenge being faced on these <br />comer lots development. <br /> <br />The Board is charged with deciding whether the applicant's request for a <br />five-foot (5') comer lot yard exception is "reasonable" and that granting the <br />special exception will not adversely affect the value and use of adjacent or <br />neighboring property, or be contrary to the public's best interest. <br /> <br />The application merits review by the Board based upon the parameters <br />set by the Ordinance. <br /> <br />The Board may consider: <br /> <br />. Granting a Special Exception for 221 Forest Avenue (Lot 7, Block 14) <br />and allowing a 5' side yard setback along Oregon Avenue. <br /> <br />· Granting a Special Exception for 201 Forest Avenue (Lot 12, Block 14) <br />and allowing a 5' side yard setback along Park Drive. <br />