On November 30, 2015, Applicant, Brian Ray, filed an application with the City requesting a variance of 2.5 ft. to allow a second story east side setback of 5 ft. where 7.5 ft is the minimum required and a variance of 2 ft. to allow a second story west side setback of 5.5 ft. where 7.5 ft. is the minimum required. On January 26, 2016, the Board of Zoning Adjustment ("BZA") voted unanimously to recommend approval of the application.
Petitioner, Thomas Youth, timely filed a Request for Hearing Before a Hearing Officer on February 17, 2016. A quasi-judicial hearing was held on April 28, 2016 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 BZA's recommended approval of the application and deny the requested variances by the Applicant. Applicant timely filed an Exception to the Recommended Order, attached hereto.