6.3. SR 06-20-2005 - Laserfiche WebLink

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City Council / V 05-01 June 20, 2005 Page 2 Overview The 13,538 sq. ft. property is zoned Rl-c with a side yard setback of 10-feet for the principal structure. At the nearest point, the house is approximately 16-feet from the property line. The applicant would like to construct an 8-foot deep deck which would result in an encroachment of 1 1/2 to 2-feet into the required setback. Adjacent to the property is a single family residence that has only one window facing the proposed deck. The proposed deck would not adversely impact this neighbor. Analysis Without a variance, the applicant could construct a 6-foot deep deck off of the dining area. This amount of space would not provide the best "useable" area. If you placed a 3-foot diameter table with four chairs around it and considered the ergonomics, there would be little to no space to walk around the furnishings, making the deck undesirable if not unusable. Staff has looked at an alternative to the deck placement to eliminate the setback encroachment. Option A would allow constructing a bigger deck behind the bump-out of the house. The house was not set up for a deck in this location, as a ledger board was not provided on this part of the house. A significant amount of siding removal and modification with proper flashing would be required to accommodate a new ledger board. Although it would not be directly off of the dining area and would require modification to the existing structure, a much larger overall deck than what the applicant desires could be constructed that is at least 8-foot deep. In order to grant a variance from the literal interpretation of the ordinance, the following five conditions must be met: 1. Literal enforcement of the ordinance will cause undue hardship. Literal enforcement prohibits the applicant from building a deck wider than 6-feet. 2. The hardship is caused f?y special conditions and circumstances, which are peculiar to the properry and the structure involved and which are not characteristic rif, or applicable to, other lands or structure in the same area. A contractor designing and building a custom home with an inappropriate patio door location can cause hardship. 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights e,!jqyed f?y other properties in the same district under the terms of this ordinance. Other properties have the ability to construct decks, in practical locations directly off of a dining area. Option A would place the deck behind the bump-out of the house, which would not have the "useable" area directly off of the dining area. Although it may not be in the desired location, the applicant would then be allowed a deck of useable size. S:\pLANNING\Case Files\2005\ V 05-01 Sizen\ V 05-01_CC.doc