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Front Yard Requirements -Each lot shall be a front yard al not less than thirty (30) feet in depth <br />facing any street or road. <br />Side Yard Requirements -For every building erected or structurally altered, each side yard shall <br />have a width of not less than ten (10) feet. <br />The foregoing requirement for side yards shall be subject to the following modifications: <br />(A) On a corner lot, the side yard on the street side of such corner lot shall have a width of <br />not less than thirty (30) feet. <br />In 1983 with the adoption of Zoning Ordinance No. 02-83, the parcel was rezoned to R-X, <br />Rural Executive. It remains zoned R-X, Rural Executive today. The current zoning ordinance <br />requires a local street setback of 30 feet (Lois Lane and Knoll Drive) and side yard setback of <br />10 feet for principal structures. <br />In October 2018, Mr. O'Gara had a certificate of survey prepared by EG Rud & Sons. The <br />survey indicates a local street setback (Lois Lane) of 26.6 feet, a local street setback (Knoll <br />Drive) of 77.3 feet and a side yard setback ranging from 8.1 feet to 8.3 feet. <br />The house does not meet current zoning setback requirements and cannot be considered legal <br />non -conforming because the structure did not meet the 1971 zoning setback requirements at the <br />time of construction. <br />Mr. O'Gara is requesting the following setback variances: <br />Street or Yard <br />Required Setback <br />Existing Setback <br />Variance <br />Lois Lane <br />30 feet <br />26.6 feet <br />3.4 feet <br />Side Yard <br />10 feet <br />8.1-8.3 feet <br />1.9-1.7 feet <br />The existing house was not constructed parallel to the south lot line; hence the difference <br />between the 8.1 and 8.3 foot existing setback. There is also an existing chimney that extends <br />out approximately 2 feet and is 6.9 feet from the south lot line. <br />The adjacent house (7851 Knoll) to the south is approximately 38 feet from the existing house <br />(7859 Knoll Drive). <br />RECOMMENDATION <br />The Planning & Zoning Board reviewed the variance application on December 12, 2018. One <br />discussion item was regarding permitted yard encroachments. The existing chimney on the <br />south side of the house extends approximately 2 feet into the side yard setback. The current <br />zoning ordinance allows chimneys to encroach into the permitted setback by 3 feet per Section <br />1007.042(5): <br />2 <br />