3.2. 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. The contractor designed and built a model home that was too large for the lot and/or placed the patio doors in a location that would not yield a moderate size deck. 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 on the side of the house,which would not be directly off of the living/great room 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 of useable size. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. Although the homeowner is responsible to make sure the purchase of a home will fit their needs currently as well as for the future, the contractor poorly designed the home's layout and size. This was done prior to the petitioner purchasing the home. 5. 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 require little to no variance. Staff recommends that Board of Adjustments approve reduction of the rear yard setback from 20-feet to 15-feet to allow construction of a "catwalk" to a deck to the rear/side of the house with the following condition: 1. THE PORTION OF THE DECK ENCROACHING INTO THE TYPICAL 20-FOOT SETBACK SHALL NOT BE CONVERTED TO A THREE/FOUR SEASON PORCH OR AN ADDITION TO THE HOME. • S:\PLANNING\Case Files\V 02-05 Leseman\V02-05.DOC