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-3- <br />L'a. Chimneys, flues, belt courses, ieaaers, szils, <br />pilasters, lintels, cornices, eaves, gutters and the <br />like provided they do not project more than two (2) <br />feet. <br />Canopies are not included as a permitted encroachment on set back <br />requirements and this canopy, in any case,. encroaches more th;:).n <br />two feet into the set back area. <br />Thirdly, past Council policy has been to regulate height <br />and location of buildings, signs, fences, radio towers, etc. <br />It appears to us that if the canopy were not considered a <br />structure, it would apparently be outside the regulation of the <br />Zoning Code. This would seem to be inconsistent with the <br />Council intent to regulate all major construction on property, that <br />intent being revealed through the overall structure of the Zoning <br />Code and Council administration of that Code. <br />Lastly, we would note that this interpretation was similarly <br />applied to the Super America station located across Silver Lake <br />Road from Falcon Oil. <br />Additional comments regarding this request may be found <br />in the discussions for NC-15 and-LP-39. <br />Planning Commission Consideration &-Recommendation (12-21-16): <br />Please See Attached