3.2. BASR 09-24-2002 - Laserfiche WebLink

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Memo to Board of Adjustments September 24,2002 Page 2 Existing Conditions The subject property is approximately one quarter-acre in area. The property has an extreme slope to the rear from about the mid-point of the house. The home has two existing patio doors on the rear of the house. Behind the house is a terraced retaining wall to provide for some useable level yard space. The nearest structure is approximately 70-80 feet away. Overview As was stated by the applicant's narrative, they purchased the house,which was a model home, and had no input into the design of the home. The deck will be located on the rear side of the house and will be 25-feet wide by 14-feet deep. The proposed deck would encroach approximately 10-feet into the setback. With the size of the lot and the house, the house could not have been brought forward far enough to make room for more than a five foot wide deck. Due to side yard setbacks, the opportunity to place the deck on the southwest side of the house, off of the living area,is also not possible without a variance. During a typical site plan review,the planning staff verifies with the survey that the proposed house meets all required building setbacks. Once the site plan review is approved, the building permit application is then turned over to the Building and Zoning Department. • They review all applicable building code issues and construction matters. It is not city staff's responsibility to review or approve house designs/layouts. If certain problems are noticed, staff will try to bring it to the attention of the builder or owner. For the applicant to be given the right to enjoy a deck, they will need to be granted some form of a variance. Analysis Staff has looked at alternatives to the deck placement to limit the amount of setback encroachment. The applicant does have the option (Option A) of placing some type of circulation deck (a "catwalk") along the southeast side of the house to a bigger deck on the northeast side of the house. The applicant did state they were satisfied with the grade change of the property when they purchased it, assuming they could build decks off the rear of the house. In order to grant a variance from the literal interpretation of the ordinance,the following five conditions must be met: 1. Literal enforcement of the ordinance will cause undue hardship. Literal enforcement would not allow the applicant to build a deck wider than an average of 4-feet. • S:\PLANNING\Case Files\V 02-05 Leseman\V02-05.DOC