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2 <br /> <br />The house was constructed in 1987. The property was zoned RX, Executive Rural at that time. <br />Per the 1983 Zoning Ordinance, the side yard setback for accessory structures was 5 ft. City <br />Zoning Ordinance dating back to 1971 also required a 5 ft side yard setback. <br /> <br />The property is currently zoned R-X, Rural Executive. Decks are considered accessory <br />structures and subject to accessory building setback requirements. Per Section 1007.080(2)(c) <br />Setbacks, the required side yard setback for an accessory building (i.e. deck) is five (5) feet. <br />The variance request would be for 2.7 feet. <br /> <br />The applicant states the existing side deck was constructed by the original property owners <br />between 1987 and 1991 approximately one (1) foot from the side lot line. The City has no <br />record of a building permit for the deck. In the late 1990’s, the applicant remodeled the side <br />deck to its current setback location of 2.3 ft from the east lot line. The City has no record of a <br />building permit for the remodeled deck either. <br /> <br />Unfortunately, neither the original deck nor remodeled deck was legally constructed because it <br />did not meet the 5 ft side yard setback. The deck cannot be considered legal non-conforming <br />and should not be repaired or replaced as is currently located. <br /> <br />Option <br /> <br />The applicant may construct a 5 ft wide deck “walkway” and stair case from the side of the <br />house to access the rear deck. Staff appreciates the applicant’s desire to keep the existing deck <br />at its current setback location; however, it was not legally constructed and should not be <br />continued, replaced or restored. The rear yard has ample space to construct the proposed deck. <br />Staff also appreciates that the neighbor is not opposed to the proposed setback; unfortunately, <br />neighbor approval is not a criteria of approving a variance. <br /> <br />Findings of Fact <br /> <br />Resolution No. 20-131 details the findings of fact. <br /> <br />RECOMMENDATION <br /> <br />Staff recommended denial of the variance. <br /> <br />The Planning & Zoning Board reviewed the variance application on October 14, 2020 and <br />recommended denial with a 5-0 vote with 2 abstentions. <br /> <br />ATTACHMENTS <br /> <br />1. Site Location & Aerial Map <br />2. Applicant Narrative <br />3. Certificate of Survey prepared by Kurth Surveying, Inc. received by the City on <br />September 14, 2020 <br />4. Color Rendering of Proposed New Deck <br />5. Resolution No. 20-131 Denying Setback Variance for a Deck <br />