10/14/2020 P&Z Packet - Laserfiche WebLink

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Zoning and Setback Requirements The house was constructed in 1987. The property was zoned RX, Executive Rural at that time. Per the 1983 Zoning Ordinance, the side yard setback for accessory structures was 5 ft. City Zoning Ordinance dating back to 1971 also required a 5 ft side yard setback. The property is currently zoned R-X, Rural Executive. Decks are considered accessory structures and subject to accessory building setback requirements. Per Section 1007.080(2)(c) Setbacks, the required side yard setback for an accessory building (i.e. deck) is five (5) feet. The variance request would be for 2.7 feet. The applicant states the existing side deck was constructed by the original property owners between 1987 and 1991 approximately one (1) foot from the side lot line. The City has no record of a building permit for the deck. In the late 1990's, the applicant remodeled the side deck to its current setback location of 2.3 ft from the east lot line. The City has no record of a building permit for the remodeled deck either. Unfortunately, neither the original deck nor remodeled deck was legally constructed because it did not meet the 5 ft side yard setback. The deck cannot be considered legal non -conforming and should not be repaired or replaced as is currently located. Option The applicant may construct a 5 ft wide deck "walkway" and stair case from the side of the house to access the rear deck. Staff appreciates the applicant's desire to keep the existing deck at its current setback location; however, it was not legally constructed and should not be continued, replaced or restored. The rear yard has ample space to construct the proposed deck. Staff also appreciates that the neighbor is not opposed to the proposed setback; unfortunately, neighbor approval is not a criteria of approving a variance. CRITERIA AND FINDINGS OF FACT No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7. below. The City shall make findings regarding compliance with these criteria. 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the R-X, Rural Executive District is to provide areas for high value, rural residences. The general purpose and intent of the General Provisions section of the zoning ordinance is to assure compatibility of uses' to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. The side yard variance request for a deck is not in harmony with the general purposes and intent of the ordinances. 2