The planning director may approve a variance from setback requirements, when the applicant demonstrates that the encroachment into the setback was unintentional and provides evidence of either of the following circumstances:

(a)

The encroachment into the setback is by a distance of two feet or less; or

(b)

The constructed or altered encroaching structure received a building permit.

(Ord. No. 2012-05, § 4, 4-3-2012)