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<br />Board of Adjustment <br />January 25, 2007 meeting <br />#SE 06-007 <br />Page 2 of3 <br /> <br />Analvsis: <br /> <br />Conclusion: <br /> <br />The abutting lot requirement, as referenced in Section 106-191(b) (2) (a) <br />does not exist; however, there are two older existing homes within the <br />overall block. Both homes have a reduced front yard setback. Without the <br />benefit of a property survey for each site, it appears that one of the structures <br />has an approximate setback of 12' to 17' while the other is between 6'to 9'. <br /> <br />The standard front yard setback requirement is 25'. (See Exhibit). <br />However, the survey/site plan provided by the applicant identifies the need <br />for a 10' front yard setback in lieu of the standard 25' . <br /> <br />This exception is being requested under the terms of Section 106-191 (b) (2) <br />(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 attached aerial map identifies the location of the property in question <br />along with two pre-existing nonconforming homes within the same block. <br />(See Exhibit). <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 />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 single-family dwelling with a reduced front yard <br />setback. <br /> <br />Should the Board grant this request, staff suggests the following conditions: <br /> <br />. Any relief granted should not conflict with the maintenance of public <br />utilities located within the property; and <br /> <br />. Require in-ground piles and/or supports be located 15' back from the <br />front property line while still allowing the proposed aerial deck to be <br />located 10' from the front property line <br />