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STAFF REPORT DATE: March 21 , 1995 TO: Planning Commission FROM: Kim Moore-Sykes, Management Assistant ITEM: Rear Setback Variance Request for 3839 Chandler Drive BACKGROUND: The owner, Dane Teaman, of Myers Tire Supply, 3839 Chandler Drive is requesting a rear yard setback variance to locate a utility storage shed one foot from the rear property line. At the time Mr. Teaman was negotiating for the purchase of the building on Chandler Drive, he was planning to store a small inventory of product in the facility for distribution to wholesale customers. As a result, the owner was cited for fire code violations regarding the inside storage of flammable and hazardous materials. The owner was advised by the fire department of a number of options by which he could provide appropriate storage accommodations for the hazardous materials. These options included storing the materials outside the facility, • reducing inventory or building appropriate storage space within the building. The Assistant Fire Chief indicated that he advised the owner to call the City before doing anything about storage as he may be required to get a permit. Since there was not adequate space inside the building according to the fire code, the owner opted to store thesehazardous and flammable materials in an outside utility shed. Before contacting the City, he took delivery of an 8' by 8' wooden storage shed and placed it 1 foot from the south property line, thinking he was in compliance with the fire code. He was then contacted by the City's Building Inspector, as the utility shed was in violation of the City's zoning ordinance because the storage_shed was_inside the rear yard setback. According to the ordinance this 8' by 8' wooden utility structure is allowed as long as it is in the rear yard and not within three feet of the property line. Because of the existing structure and the configuration of the lot, this property has a 9 foot rear yard. The structure is in what is considered the property's rear yard but in violation because it is in the three feet setback area of the property line. Locating the shed on the south side of the facility causes it to either encroach onto the neighboring property or to be placed on a utility easement. Also adjacent to Myers Tire Supply's rear property line is an R-1, occupied structure. Requiring Mr. Teaman to locate the shed on the NE corner of the lot may not be agreeable with the resident to the east of Myers Tire Supply. Mr. Teaman has stated that • the resident has indicated to him that he does not want the shed there as it will seem that it is in his front yard. Apparently the previous owners of the Myers Tire Supply building