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Memo to the Board of Adjustment/V 97-2 Page 2 <br /> April 22, 1997 <br /> • When this home was built, as well as 6 other homes in this cul de sac, the <br /> rear yard setback was 10 feet. In September 1995, after the home was built, <br /> the rear yard setback was increased to 20 feet. The required front yard <br /> setback is 30 feet; the applicant's home has a 35 foot front yard setback. Had <br /> the house been constructed with a 30 front setback, the proposed porch/deck <br /> would not require a variance. <br /> The 6 other homes on this cul de sac have decks and or porches extending <br /> from the rear of the house. Four of those were constructed prior to the <br /> increased rear yard setback; two of the homes were constructed after the <br /> change and meet the current setback requirement. A review of the building <br /> permits indicated that the other six homes had the decks or porches <br /> constructed at the same time that the house was constructed. The existing <br /> decks comply with the current setback requirements. <br /> The request to encroach 5 feet into the rear yard setback will not adversely <br /> affect the appearance of the neighborhood. This house, as well as all the <br /> others in this cul de sac, was constructed with a deck or with the intention of <br /> adding a deck at a later time. The variance requested is to allow the <br /> applicant to construct a deck of 308 square feet. Without the variance the <br /> deck would be limited to approximately 8 feet out from the house; the <br /> variance will allow the deck to extend approximately 14 feet from the house. <br /> • The variance request is a result of a special condition of the property . The <br /> q p p p <br /> location of the house was determined when the rear setback requirement was <br /> 10 feet. If that setback was in effect today, there would be no need for this <br /> variance request. <br /> Variance <br /> A variance may be granted only if it meets the following five conditions: <br /> 1. Literal enforcement of the ordinance will cause undue hardship. <br /> 2. The hardship is caused by special conditions and circumstances which.are <br /> peculiar to the property and the structure involved and which are not <br /> characteristic of, or applicable to, other lands or structure in the same area. <br /> 3. The literal application of the provisions of this ordinance would deprive the <br /> petitioner of rights enjoyed by other properties in the same district under the <br /> terms of this ordinance. <br /> 4. The special conditions and circumstances are not a consequence of the <br /> • petitioner's own action or inaction. <br /> s:\planning\scott\v97-2.doc <br />