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Board of Adjustments Meeting <br /> The Board reviewed this request on November 28, 2017, and unanimously denied the variance request. <br /> A variance denied by the Board is automatically appealed to the City Council for a final decision. <br /> The Board denied the variance based on the position that the following three of the required five criteria <br /> are not met. <br /> 1. The property owner has the ability to construct a useable deck on the property,while adhering to <br /> the current required setbacks, thus eliminating the need for a variance. They noted other <br /> variances have been denied by the City Council based on the ability to move the deck and comply <br /> with the setbacks. <br /> 2. There are no unique circumstances to the property. Even with the adoption of the wetland <br /> setback requirements in 2006 and recent ordinance amendments in 2016 by the City Council, the <br /> property can support a useable deck. <br /> 3. The intent and purpose of the ordinance to protect existing wetlands is not met as a deck can be <br /> constructed while maintaining the required wetland setbacks. <br /> In the public hearing, the applicant stated his septic system is located in the setback (installed pre-2006). <br /> In 2010, environmental staff performed an informal site visit of the properties surrounding the wetland <br /> and noted potential wetland encroachment issues. The latest approved wetland delineation for Windsor <br /> Park Third Addition indicates the deck encroaches into the 25 foot wetland buffer. <br /> The applicant also felt a deck on the side of the house would not be aesthetically pleasing and would <br /> decrease the value of the property. <br /> The applicant's neighbor also believed a deck on the side of the subject house would encroach on his <br /> property. The side deck shown during the Board of Adjustment meeting show compliance with all side- <br /> yard setbacks and would not encroach. <br /> The applicant asked that he be grandfathered into the pre 2006 rules. Staff provided the following <br /> example to the Board: An addition or remodel work done on a house built in 1997 would be required to <br /> comply with today's building, electrical, and plumbing regulations, not follow previous regulations. <br /> Financial Impact <br /> None <br /> Attachments <br /> ■ November 28, 2017, Board of Adjustments Staff Report <br /> N:APublic Bodies\Agenda Packets\12-18-2017\Done\7.5 sr.docx <br />