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HomeMy WebLinkAboutZ-6286 Staff AnalysisApril 28, 1997 Item No.• 3 File No. Owner• Address• Descriptio zoned• variance Requested: Justification: Present Use of Property: Proposed Use of Property: Z-6286 Dean Hughen #22 North Sherrill Heights Road Lot 22, Sherrill Heights Addition R-2 A variance is requested from the area regulations of Section 36-156 to permit reconstruction and expansion of an existing, detached deck with reduced side yard setbacks. Applicant's Statement: We are seeking permission to replace an existing deck in our back yard which is currently built about 18 inches from our east side bordering neighbors property. Our house is in the Sherrill Heights subdivision, is about 50 years old, and the lot is 303 feet deep. A great deal of the lot, over half, is currently unusable due to terrain, as are the lots of our neighbors. This deck overlooks this area, and is built on a slope. The existing deck/gazebo has been in place for about 12 years and has presented no problems to anyone that I am aware of, but has rotted out in numerous places and needs to be replaced. Thank you in advance for your consideration of our request for a variance. Single Family Single Family April 28, 1997 Item No.: 3 Cont. Staff Report- A. Public Works Issues: No issues B. Staff Analysis: The owner of the R-2 zoned property located at #22 North Sherrill Heights Road proposes to reconstruct and expand an existing, detached deck which has a reduced side yard setback of 18 inches. The Ordinance requires a side yard setback of 3 feet (36 inches) for this detached structure. Due to the severe slope of this site, much of the rear portion of the property is unusable. A small area behind the house has been developed as rear yard with a pool and deck. The deck is built to within 18 inches of the side property line. The deck has been in place for approximately 12 years and needs to be replaced due to some of the wood having rotted. The applicant desires to maintain the existing setback for the deck and to expand it more into the yard. A cabana will also be built. The cabana itself meets all required setbacks. Staff believes the request to be reasonable. The deck appears to have had no impact on the adjacent property in its 12 years of existence. The applicant proposes to replace the existing, uncovered deck with a new uncovered deck with only a slight increase in that portion which is within the required 3 foot setback. The adjacent property is also heavily sloped and there are no structures in the immediate vicinity of the applicant's proposed deck. C. Staff Recommendation: Staff recommends approval of the requested side yard setback variance subject to that portion of the deck which is within the required 3 foot side yard setback not being enclosed or covered with a roof. BOARD OF ADJUSTMENT: (APRIL 28, 1997) Renee Hughen was present representing the application. There were no objectors present. Staff presented the item and a recommendation of approval, with conditions. Ms. Hughen stated that she understood staff's recommendation. The Chairman called the vote on the variance request with the conditions as recommended by staff. The vote was 6 ayes, 0 noes, 2 absent and 1 open position. 2