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Variances may be granted when the petitioner establishes that there are practical difficulties in complying <br />with the zoning ordinance. Practical difficulties means that: <br />3. The petitioner proposes to use the property in a reasonable manner not permitted by the honing ordinance; <br />Although decks are permitted on residentially zoned property and the desire to build a deck <br />is reasonable, the desire to deviate from the setbacks, while other compliant options are <br />available, is not reasonable. <br />4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's <br />own action or inaction; and <br />The applicant indicated they are new to the home building process and were not given clear <br />and concise information from their builder and were not aware of the required setbacks. <br />They did have an initial design with a deck on the west side of the house, which would have <br />met ordinance, but due to their desire to have more windows on the west side, they had the <br />design changed to have the deck door in its current location. There is the opportunity of <br />having a deck in the general location of where they are proposing while meeting the setback <br />requirements and having minimal impact on the windows. <br />5. The variance, ifgranted, Yrill not alter the essential character of the locality. <br />The essential character of the locale will not be altered. <br />Financial Impact <br />None <br />Council Meeting <br />If denied, or an appeal is made by any interested party by November 4, 2016, this item will go to the <br />November 21, 20161 City Council meeting. <br />Attachments <br />■ Location Map <br />■ Applicants Narrative <br />■ Site Plan <br />■ Plans <br />■ Staff Option <br />N:\Departments\Community- Development\Planning\Case FilesW\N' 16-13 Reger\4-Board of Adjustments\N' 16-13 sr 10-25-16.docx <br />