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After holding a noticed public hearing, the Planning Commission may grant a yard setback reduction for structures in residential zones as provided in this section.
(a) When the distance between the two (2) structures is or will be equal to the combined normally required setbacks for both adjacent yard areas, and the structures are likely to remain such a distance apart, a reduction of up to one hundred (100%) percent of a yard setback requirement may be granted, provided the Commission finds that:
(1) No other reasonable design and layout of the proposed structure can be accommodated on the lot and such a reduced setback is necessary for any viable use of that property; or
(2) Because of a prior mistake in the construction of the structure, an encroachment into the normally required setback area occurred, and the owner purchased the property without knowledge of such an illegal encroachment, and, further, that an unreasonable hardship will be incurred by the property owner in removing the encroachment.
(b) The likelihood of the structure’s separation distance remaining as found above is established when the adjacent property is burdened with an easement, deed restriction, zoning restriction or similar development restriction that would legally prevent the construction of any structure, excluding fences, within this minimum separation area.
In authorizing the setback reductions described in this section, the Commission may impose such conditions, development standards, and restrictions as it deems necessary to protect the public safety, health and welfare.
(§ 3, Ord. 1136-NS, eff. February 18, 1992)