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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 /> <br />iii. DEPRIVED RIGHTS <br /> <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 /> <br />iv. PETITIONER'S ACTION OR INACTION <br /> <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 /> <br />v. ADVERSE AFFECTS <br /> <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 /> <br />