5.2. BASR 11-28-2017 - Laserfiche WebLink

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The subject parcel is guided by the Comprehensive Plan for residential uses and decks. A deck, adhering to the current required setbacks, can be constructed on the property which the Comprehensive Plan guides the property for. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The property will be used in a reasonable manner, consistent with the way other adjacent property owners are using their property. The zoning ordinance used to allow decks. The ordinance was revised and as a result, an unintended consequence was that the ordinance now precludes uses previously allowed, if not encouraged, by both the City and developers within the City. Building a deck on a house is not only a routine occurrence and a common addition to most homes, it was intended to be added to the house which is the subject of this petition. The zoning ordinance allows the property to be used as residential with a deck. The property can support a deck, just not exactly where the applicant desires. An equivalent to or larger deck may be built on this property meeting all required setbacks. Building a deck into a setback when an alternative solution is available is not using the property in a reasonable manner. The adjacent properties have decks that appear to meet the current 25’ setback requirement. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and The plight of the petitioner is due to changes in City wetlands setbacks after my house was approved by the City and built by the developer and after I bought the house with knowledge that a deck was an acceptable use. The plight was caused solely by the changes brought about by the City. Even with the adoption of the wetland setback requirements in 2006 and recent ordinance amendments in 2016 by the City Council, the property can support a deck, just not exactly where the applicant desires. There are no unique circumstances to the property. 5. The variance, if granted, will not alter the essential character of the locality. If this variance is granted, it will not alter the essential character of the locality. In fact, if this variance is not granted, it will have a negative impact on the character of the locality. This home, along with several others, was designed and built to have a deck. Failure to build the deck is an affront aesthetically to the house and the neighborhood. The house looks out of place without the deck. This can be seen in the pictures submitted with the application. The aesthetics of the locality improves if a deck is built as intended when the City approved the development. The variance, if granted, will not alter the essential character of the locality. N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 17-09 Weinmann\\4-Board of Adjustments\\V 17-09 sr BOA 11-28-17.docx