04-28-11 Zoning Board of Adjustment

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Board of Adjustment April 28, 2011 Page 2of4 Staff analyzed the surrounding area and based upon site inspections and visual from the street, noted the following: • An automotive repair shop located at 202 North llth Street has an existing fence within the front yard setback from the property line. • A towing company with yard across the street has existing fences in the front yard setback. • The property at 314 North llth Street has a chain link fence within the front yard setback. • The property across the street at 1300 West Adams has a fence within the front setback. The standard front yard setback requirement in General Commercial zoning district is 20'. The application's submittal also includes a site plan showing the location of a fence with a request for "specific" fence setback of five foot instead of twenty foot from the property line. It should be noted that if the applicant's request is granted, the ZBOA will be determining the deviated or "reduced" front yard setback whichever is appropriate. Analysis: Section 106-192(b)(1), in the Code of Ordinances, defines a variance as a deviation from the literal provisions of the chapter, which is granted by the Board when strict conformity to the chapter irould cause an unnecessary hardship because of the, circinustances unique to the, property on irhich the, variance is granted Section 106-1 defines fence as "...the manmade structural barrier erected on or around a piece of property." Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. ❖ That the granting of the variance will not be contrary to the best public interest. ❖ That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and ❖ That by granting the variance, the spirit of the chapter will be observed.