01-11-2021 Council Packet - Laserfiche WebLink

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The property is currently zoned R-X, Rural Executive. Decks are considered accessory structures and subject to accessory building setback requirements. Per Zoning Ordinance Section 1007.080(2)(c) Setbacks, the required side yard setback for an accessory building (i.e. deck) is five (5) feet. Furthermore, per Zoning Ordinance Section 1007.042(5)(b) l .c.ii, decks shall not extend to a distance less than five (5) feet from any side or rear lot line. 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 walkway and stair case from the side of the house to access the rear 16'x 24' deck that is already under construction. Staff appreciates the applicant's desire to keep the existing side 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 for the 16' x 24' 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. Findings of Fact Resolution No. 20-131 details the findings of fact. RECOMMENDATION Staff recommends denial of the variance. The Planning & Zoning Board reviewed the variance application on October 14, 2020 and recommended denial with a 5-0 vote with 2 abstentions. ATTACHMENTS 1. Site Location & Aerial Map 2. Applicant Narrative 3. Certificate of Survey prepared by Kurth Surveying, Inc. received by the City on September 14, 2020 4. Color Rendering of Proposed New Deck 5. Resolution No. 20-131 Denying Setback Variance for a Deck 2