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Planning Commission Meeting Minutes October 20, 1998 Page 4 1 Ordinance. 2 3 The second issue is that the proposed deck plan calls for the steps to be incorporated into the 4 design so that the end result is a deck structure that comes around to the side of the house to 5 connect with the steps. The property owner stated that this will provide continuity, accessibility 6 and usability of the steps and deck but this plan also requires a 2-foot variance, as the deck will 7 then extend into the sideyard setback as well. 8 9 Ms. Silberschmidt is requesting that her application for a variance to the City's Zoning 10 Ordinance be granted because the undue hardship was not created by her as the property owner, 11 but by the adoption of the Zoning Ordinance in 1976. By repairing the steps and making them 12 part of the proposed deck, she is trying to correct an extraordinary circumstance by reducing the 13 size of the steps by 1.5 feet,thereby mitigating the impact of the existence of a nonconforming 14 use. The property owner feels that by being asked to comply with the full extent of the 15 Ordinance, she would be unduly restricted in the use of her property. 16 17 No one contacted the City Staff to voice any objections or concerns. 18 19 Gondorchin stated he had driven by the property in question and it appears the proposed 20 construction has already been completed. He asked when the request for variance had been 21 made. 22 23 Ms. Moore-Sykes stated Ms. Silberschmidt stated she would not begin construction until the 24 variance was granted; however, due to weather concerns with regard to damage to materials and 25 constructing footings, City Staff suggested to Ms. Silberschmidt that she could construct the 26 proposed deck up to the sideyard setback and to be continued upon approval of the variance by 27 the City. She agreed it appeared the construction had been completed. She added the Building 28 Inspector had been made aware of the situation. 29 30 Bergstrom invited Ms. Silberschmidt to address the Commission, and answer questions. 31 32 Ms. Silberschmidt stated the building materials had been ordered before she learned a variance 33 would be necessary. She stated she asked City Staff whether the City would permit her to build 34 in the setback before the variance was granted, and she was informed the Building Inspector 35 would need to make that decision. 36 37 Ms. Silberschmidt stated the Building Inspector approved all the footings, including those within 38 the setback in question. She added she was acting in good faith but was under time.and weather 39 constraints. .She stated if the variance is not approved she will tear out the construction on the 40 sideyard setback. 41