4. BOASR 05-12-2009 - Laserfiche WebLink

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Case File: V 09-O1 Page 2 Variance Yeager shoreline Location Existing Use Land Use Plan Designation Current Zoning Subject Property Residential Urban Residential R 1b North Residential Urban Residential R 1b South Residential Urban Residential R 1b East Residential Urban Residential R 1b West Residential Urban Residential R 1b Overview The Yaegers have requested a variance that would allow a proposed deck to encroach 5 feet into the required 50 foot setback from the ordinary highwater line. The deck is proposed to extend from the house 12 feet. The applicant has provided a narrative, supporting their request for a variance. Applicable Regulations Variance Criteria 7. Literal en orcement of the ordinance avill cause undue hardshib. The literal enforcement of the ordinance could consistitute hardship in this situation. The purpose of the shoreline regulations is to "provide for the wise subdivision, use, and development of shorelands of public waters." The 50' setback in this case impacts a small Portion of the proposed improvements, and has negligible impacts on the shoreline due to construction methods and design. 2. The hardship is caused b~,r~ecial conditions and circumstances avhich are peculiar to the bro~erty and the structure involved and avhich are not characteristic o~ or~~~licable to other lands or structure in the same area The shoreluie setbacks are consistently applied to all properties along public waters. The river does take a unique shift "into" the lot. 3. The sbecial conditions and circumstances are not a consequence of the ~etitioner'.r oavn action or inaction The special condition in this situation is that fact that the layout of the houses to a logical location of the deck which conflicts with the 50 foot setback. While there are other options that would not require the variance, the construction of a normal sized deck is consistent with the pattern established by the neighborhood. Staff has noted the conflicts between the deck and setback issues, and since 2003, has noted this on the surveys. This house was constructed in 1998. 4. The literal at~t~lication o~ the firovisions o~ this ordinance would derive the petitioner of rights enioved by other properties in the same district under the terms of this ordinance / The property owner is permitted a deck, although the deck is limited to 7 feet of depth versus the planned 12 feet. S:\PLANNING MAIN\Case Files\Variance\V 09-02 Yeager\V 09-02 Yeager BA memo 5-12-09.doc