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<br />Staff Report June 28, 2007 <br />Special Exception Request #SE07-005 <br /> <br />ReQuested by: <br /> <br />ReQuested for: <br /> <br />Location: <br /> <br />Zonin2:: <br /> <br />Back2:round: <br /> <br />Troy Tankersley, owner's agent <br /> <br />Lot 5-6; Block 1; Spencer Highway Estates <br /> <br />9102 Spencer Highway <br /> <br />General Commercial (GC) <br /> <br />The property in question was recently zoned from Low-Density Residential <br />(R-1) to General Commercial (GC). The applicant also owns the property on <br />lots 2 thru 4, block 1, Spencer Highway Estates facing Spencer Highway, <br />zoned General Commercial. Previously, the applicant submitted a request <br />for rezoning of the lots 5 and 6 from Low-Density Residential (R-1) to <br />General Commercial (GC). The Planning and Zoning Commission, at the <br />April 19, 2007, meeting recommended City Council approval of the <br />rezone request based on the fact that the subject site would be better served <br />by the proposed rezone, and would blend into an existing use of the property. <br />In addition, the applicant's existing business is adjacent to this property <br />along Spencer Highway. <br /> <br />City Council at the May 21, 2007, meeting approved the rezone request. The <br />tract in question is occupied by a pre-existing non-conforming structure and <br />storage used as special trade contractor's office. The applicant constructed a <br />50'x 50'(2,500 sq.ft.) building addition to the south of an existing one story <br />metal building (7,500 sq.ft.). After further review, staff found no building <br />permit was issued for an additional building. It was also identified that the <br />building addition does not comply with the standard rear yard setback of <br />10', resulting in a nonconforming structure encroaching 17" into the rear <br />yard building setback. <br /> <br />The applicant stated that the building was added to create much needed <br />storage space. In fact, storage area is needed to take outdoor equipment <br />off the front yard and keep it in a proper place. Therefore, the applicant is <br />requesting the Zoning Board of Adjustment (ZBOA) consider reducing the <br />City's standard ten foot (10') rear yard setback requirement to permit the <br />new addition. <br /> <br />The applicant wishes to keep the property in proper shape and business <br />friendly by obtaining a city building permit; however, staff is unable to <br />issue a permit based on the conflict with the zoning regulations. Removal <br />