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SAY 8 MU <br />LOOK 80 PAGE 10 <br />`BACKGROUND CONDITIONS: <br />The Indian River Aerodrome Property Owners Association has <br />submitted a request to amend the zoning code by reducing the side <br />and rear yard setbacks in the A-1, Agricultural District. <br />Presently, thirty (30) foot side and rear yard setbacks are <br />required in the Agricultural District. The applicant proposes to <br />amend the setback provisions to fifteen (15) feet to ensure <br />uniformity within the subdivision, preclude the necessity for <br />variances and provide agreement between the zoning and covenants <br />of the subdivision. <br />The Aerodrome subdivision units 1 and 2 were platted in 1972 and <br />contain lots of approximately 3/4 to 1 1/2 acre in size and also <br />contain a private airstrip and related taxi -ways. This portion of <br />the subdivision has been and is zoned A-1,' Agricultural. <br />Additional lots known as unit 3 were platted in 1987, and are <br />zoned RS -1. <br />The A-1 district permits residential development and has a 5 acre <br />minimum lot size. Thirty (30) foot setbacks are required for all <br />yards (front, tear and side). The district also permits airstrip <br />facilities as special exception uses. Many garage/hanger <br />structures have been constructed on Aerodrome lots, either through <br />variances or oversight, and these structures encroach into the 30 <br />foot setbacks. Over the years, eight variances have been granted <br />for the original 40 lots. <br />On March 22, 1990, the Planning and Zoning Commission voted 6 to 0 <br />to recommend approval of this request. <br />Analysis <br />As stated, over the years a number of variances have been given <br />allowing structures to encroach into the required rear or side <br />yard setbacks in the Aerodrome subdivision. In granting these <br />variances, the Board of Adjustment has recognized reduced setbacks <br />in the Aerodrome subdivision. For the Board of Adjustment to <br />grant a variance, eight (8) criteria must be met. Three of these <br />criteria have significance when applied to the subdivision. These <br />;are the special condition, no public detriment, and reasonable use <br />jcriteria. <br />A special condition exists in the subdivision since many variances <br />have been granted and garage/hanger structures have been built <br />encroaching into the normal setbacks. No detriment to public <br />welfare exists with the reduced setbacks as many property owners <br />have utilized the reduced setbacks and the A-1 district setbacks <br />are the most extensive of any zoning district. Finally, the use of <br />individual lots for hanger structures has been deemed reasonable <br />use of the property by previous actions of the Board of <br />Adjustment. <br />Setbacks, generally, are an integral part of land development and <br />zoning regulations. Their primary purpose has been to protect <br />public health and safety. Over the years many of these issues, <br />such as fire safety, air circulation and accessibility to natural <br />light, have been lessened through building technology. In <br />residential areas, however, setbacks still play an important role <br />in the aesthetics of a neighborhood. While the density of an area <br />is controlled by zoning provisions which regulate the type of <br />structures, permitted uses, and minimum lot sizes, the setbacks <br />determine how a development is perceived. Large setbacks will <br />provide for a more open and less crowded appearance than small <br />setbacks. <br />Setbacks in the current code vary by district type and density. <br />Residential side yards are generally 10 or 15 feet, while rear <br />yards range from 20 to 25 feet. The code also recognizes the need <br />16 <br />