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With my type of house design a deck is required to be on the side of the <br /> • house opposite the garage, the side I had to crowd to avoid the stream. <br /> iii. DEPRIVED RIGHTS <br /> Westwood Subdivision is an older plat. Almost all of the houses in the <br /> subdivision were built when the side yard setback was 5 ft.. This <br /> setback changed after I built my house. If properly thought through <br /> when the house was built, I would guess every other lot in the <br /> neighborhood could have an usable sized deck. Because of the stream <br /> my lot does not accommodate a decent size deck, house and still meet <br /> current setbacks. <br /> iv. PETITIONER'S ACTION OR INACTION <br /> When I built my house in 1985 the side yard setback in the R-lc zone <br /> was 5ft.; it was changed to 10ft. in 1988. My house was properly <br /> designed to accommodate the deck I am proposing under the setbacks <br /> at the time. <br /> v. ADVERSE AFFECTS <br /> • The proposed deck being 5ft. from the property line will look like every <br /> other deck in the neighborhood, which are 5ft. from their side lot line. <br /> The 2 ft. encroachment in the front yard will not be distinguishable <br /> from a structure setback the full distance. <br /> • <br />