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Board approves special exceptions to regularize encroachments at 203 South Cape
Summary
The board approved BOA260003 to legalize existing encroachments at 203 South Cape, including a reduced front-yard setback to 14.2 ft and a lot area of 4,640 sq ft; staff said the structure is existing nonconforming and no hardship finding is required.
The Board approved a special exception (BOA260003) to allow existing encroachments at 203 South Cape, regularizing a front-yard setback of 14.2 feet (required 25 feet), a left side setback of 5.0 feet (required 5.2 feet), and a lot area of 4,640 square feet (required 8,000 sq ft).
Planning Director Lisa Hannan told the board the property has an existing structure with no expansion proposed; staff said because the structure predates the current minimums it is considered legally nonconforming and approval of special exceptions will not permanently change the zoning setbacks for future new construction. Hannan said 22 property owners were notified and no responses were received.
The Chair opened the public hearing and closed it after no speakers came forward, and the board approved the special exception (motion reported as from Katrina with a second from Mason). The record notes that if the structure is more than 50% damaged and rebuilt, it would then have to meet current zoning standards rather than retain the encroachments.
