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VN-169 -2- <br />Analysis: <br />The primary concern for this request°..is for the visual impact'' <br />the structure or canopy would have. The structure extending into <br />the setback area as shown may have the effect of dominating the <br />visual asthetics of the area and in so doing, may not be in <br />character with the development along Silver Lake Road. <br />We would also question whether the circumstances' on the <br />.property are so unique that it can justify the request. Namely, <br />there are many other service stations located in the City that <br />have similar setbacks for both their buildings and pump islands. <br />While a can will be extending into the setback-area, it would <br />not appear that the vision of vehicles on Rice Creek Road or <br />Silver Lake, Road would be impaired as the canopy would be 13'6" <br />in height. <br />The apN1-i.cant has raised the question whether the proposed <br />canopy is indeed a structure as defined.by the Zoning Code, and <br />thus, whether a variance is necessary., Section 2 63:0 defines <br />a structure as followsc <br />"StrU_c;ture. Anything erected, having a: usable interior <br />space, the use of which :requires more or less permanent <br />location on the ground or attached to something having a <br />permanent' location." <br />The applicant has`questioned.whether the canopy actually has 'a <br />"usable interior space`". The function.of,the canopy is to provide <br />protection from the elements in ,a specifically defined area, that <br />being the area of the pump islands., it is, our interpretation that <br />the canopy, by providing a sheltered area for station customers <br />defines a space - interior to the canopy' with r}' the context o <br />the above definition . <br />Secondly, Section 13-040 Set Back Exemptions lists the <br />following .which `are not considered as encroachments on-set back <br />requirements: