4.0. BASR 01-10-2006 - Laserfiche WebLink

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Planning Commission/V 05-07 January 10,2005 Page 2 Overview • Hearthstone Builders was contracted to design and build a home for Bill and Sharon Sandin at 19669 Auburn Circle. Their daughter built a home next door with the intent to provide aid to her parents. Mr. Sandin has a degenerative illness which will lead to the need for a wheelchair and/or a walker in the near future. Many provisions were made during the construction of the home to allow special access These include wide doors throughout the home,hard surface floors throughout, a large open living area and accessible baths with safety railings. The applicant desires two entrance/exit locations to provide a secondary exit point at street grade in case of an emergency as well as provide easier access for the daughter. A second accessible entry was provided at this location but site constraints limit what can be built. The steepness of the grade required an accessible platform,versus a sidewalk,where the second accessible entry was built. This platform encroaches on the side yard set back requirement by four feet. Enforcement of the ordinance would preclude Mr. Sandin a second access point to his home. The encroachment occurs on the side of the home shared with the daughter and also provides easier access for her. Analysis • The applicant is requesting a side yard setback variance for a deck that was built prior to a permit being issued. A deck permit was applied for but there was miscommunication between the applicant and the applicant's construction crew which resulted in the deck being constructed prior to the permit being issued. The only option that would not require a variance is a sidewalk which can be within 5-feet of the property line. This option would require the construction of a retaining wall to provide the proper grade to construct a side walk from the door to the front of the house. This obviously cannot be accomplished as the electrical meter,phone line,vent, air conditioning unit and gas meter are all located directly under the door. This would prohibit any retaining wall structures. The only solution to provide egress from the door on that side of the house is a deck structure that encroaches into the side yard setback four feet. The city allows this type of structure to encroach into the front yard setback as Section 30-795 states...An uncovered landing, stair, ramp or stoop may extend into the required setback a maximum distance of six feet, if the landing, stair, ramp or stoop has a floor no higher than the entrance floor of the building. Variance Criteria 1. Literal enforcement of the ordinance will cause undue hardship. • The hardship would be all of the electrical, data and HVAC equipment hook ups. S:\PLANNING\Case Files\2005\V 05-07 Hearthstone\V 05-07_BA.doc