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Minimum Rear Yard Setback <br />The Applicant points to Finding of Fact No. 7 which states that the accessory structure <br />would comply with all setback standards for the R-1 zoning district and references EMC <br />19. Chapter 6, Table 6.i which rec2uires that structures be setback five feet from side <br />property lines and 20 feet from rear property lines.z <br />The Appiicant is correct in the EMC 19.7.020(E) provides that when an alley is present <br />there is no required setback. However, the 20 foot language comes from the <br />ApplicanYs own architectural renderings (Exhibit 2) which depict an accessary structure <br />setback from the edge of the alley pavement and testimony received at the hearing in <br />regard to providing off-street parking on a paved apron proposed between the structure <br />and the alley. The provision of safe off-street parking was a main reason that the <br />Applicant stated the accessory structure was needed. <br />Further review of the <br />setback 5 feet from the <br />edge of the alley. <br />ApplicanYs Exhibit 2 denotes that the proposed structure is <br />rear property line with an additional 13 feet of apron before the <br />Finding of Fact No. 7 will be mod�ed accordingly. <br />Conciusion <br />The ApplicanYs Request for Reconsideration, dated February 23, 2007 and received <br />February 26, 2007 is DENIED. The Hearing Examiner's Decision of February 8, 2007 <br />stands except for the following modification: <br />Finding of Fact No: 7 shail be modified to read: <br />7. EMC 19.7.020(E) requires that accessory structur,ss provide a minimum rear <br />setback of five feet, unless abutting an alley, in which case there shali be no <br />required rear setback. The propo: ed accessory structure would be setback <br />five feel from the rear property line e�ith an additionai 13 feet to the paved edge <br />of the alley. EMC 19.7.020(E); Exhibit 2; Testimony of Mr. Siddiq. <br />Done and dated this 28th day of <br />Aii �sworth-Taylor <br />ing Examiner Pro Tem <br />200�. <br />� <br />z The 20-foot setback language is not set forth as a condition of approval ailhough compliance with the <br />EMC is required for all development applications. <br />8ofora fl�e Hearing Examiner Pro 7em for the City of Everaft <br />Cobb RP11106-0004 � <br />Page 4 of 5 �;%�'�t <br />', \ <br />