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<br />Board of Adjustment <br />June 28, 2007 <br />#SE07-004 <br />Page 2 of3 <br /> <br />Analvsis: <br /> <br />This Special Exception request is for a waiver of the standard front yard <br />setback requirement in order to construct a fence around the perimeter <br />boundary of the property. According to the applicant, a front yard fence with <br />a rolling gate is desired for security and safety reasons. The City's Code of <br />Ordinances, Section 106-797(2), prohibits a fence being erected within the <br />required 20' front yard setback in the commercial zoning districts. <br /> <br />Staff analyzed the surrounding area and based upon site inspections and the <br />pictures submitted by the applicant, the following considerations are noted: <br /> <br />. A storage/warehouse building at 816 W. Polk Street has an existing <br />ili . <br />fence along N. 8 Street. <br /> <br />. The property at 310 North 8ili Street has a chain link fence within the <br />front yard setback. <br /> <br />The standard front yard setback requirement in the General Commercial <br />zoning district is 20'. The application submittal includes a site plan showing <br />the location of the proposed fence along with request for "specific" front <br />yard deviation. It should be noted that if the request is granted, the ZBOA <br />will be determining the deviated or "reduced" front yard setback they feel is <br />appropriate. <br /> <br />This exception is being requested under the terms of Section 106- <br />191 (b)(2)(a) of the City's Code of Ordinances. <br /> <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 /> <br />The Code of Ordinances defmes 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 />Regarding this request, the relief being sought is similar to the circumstance <br />covered by the terms of the Special Exception Section. <br /> <br />· Allow construction of a fence within the front yard setback. <br />