On June 18, 2015, the Property Owners/Applicants, Mark and Kelsea Graff, filed an application to the Board of Zoning Adjustment ("BZA") seeking a variance of 10 feet to allow a 5 foot rear yard setback for a proposed two-story detached garage/apartment, where a 15 foot rear yard setback is required for a two-story accessory structure located at 608 E. Concord St. On July 28, 2015, the BZA approved the variance request.

Petitioner, John Purdy, Jr., timely filed a Request for Hearing Before a Hearing Officer and a Petition in Opposition on August 24, 2015, opposing the BZA decision. A quasi-judicial hearing was held on October 29, 2015 regarding this matter, at which the parties made arguments and presented evidence and material into the record. Subsequent to this hearing, the Hearing Officer issued the attached Recommended Order, which recommends that the City Council deny the the requested variance in that the Applicant has not satisfied each of the six criteria set forth in the LDC Section 65.382. Applicant timely filed an Objection to the Recommended Order, attached hereto.