3.1. BASR 09-24-2002 - Laserfiche WebLink

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Memo to Board of Adjustments September 24,2002 Page 3 • 2. The hardship is caused by special conditions and circumstances, which are peculiar to the property and the structure involved and which are not characteristic of or applicable to, other lands or structure in the same area. A contractor designing and building a custom home with an inappropriate patio door location causes hardship. This house has a special condition that is peculiar to the structure. Corner lots also have different restrictions (greater"side"yard setbacks) placed upon them than do interior lots. 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. Other properties have the ability to construct decks,in practical locations directly off of living and/or dining areas, as allowed by the ordinance. Option A would place the deck behind the house,which would not be directly off of the dining area, and would be accessed via a four foot wide "catwalk". Although it may not be in the desired location, the applicant would then be allowed a deck. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. Although the homeowner is the ultimate decision maker on the design of their home, they hired a professional custom homebuilder to construct it. Proper research on the • part of the designer/builder obviously was not completed or overlooked and a"useless" patio door was constructed. S. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the properly is located and will be in keeping with spirit and intent of the ordinance. The request would not adversely impact other properties in the vicinity. Recommendation Option A would have the smallest impact to the setback requirement,which is set forth by the ordinance and would require the least amount of variance. Staff recommends that Board of Adjustments approve reduction of the front yard setback from 35-feet to 30-feet to allow construction of a "catwalk" to a deck to the rear of the house with the following two conditions: 1. THE VARIANCE SHALL ONLY APPLY TO THE NORTH FRONT PROPERTY LINE. 2. THE PORTION OF THE DECK ENCROACHING INTO THE TYPICAL 35-FOOT SETBACK SHALL NOT BE CONVERTED TO A THREE/FOUR SEASON PORCH OR AN ADDITION TO THE HOME. • S:\PLANNING\Case Files\V 02-06 Olson\V02-06.DOC