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2 <br /> <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 Zoning Ordinance <br />Section 1007.080(2)(c) Setbacks, the required side yard setback for an accessory building (i.e. <br />deck) is five (5) feet. Furthermore, per Zoning Ordinance Section 1007.042(5)(b)1.c.ii, decks <br />shall not extend to a distance less than five (5) feet from any side or rear lot line. The variance <br />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 walkway and stair case from the side of the house to <br />access the rear 16’x 24’ deck that is already under construction. Staff appreciates the <br />applicant’s desire to keep the existing side deck at its current setback location; however, it was <br />not legally constructed and should not be continued, replaced or restored. The rear yard has <br />ample space for the 16’ x 24’ deck. Staff also appreciates that the neighbor is not opposed to <br />the proposed setback; unfortunately, 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 recommends 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 />