Laserfiche WebLink
M3-2944 <br />Scptcnbtr 15,2M3 <br />PaptSafS <br />10."The granting of the application is necessary for the preser\ ation and enjoyment <br />of a substantial property right of the applicant." <br />A substantial property right of the applicant is to continue to have use of a <br />structure which has persisted on the property for some time. Replacing the deck <br />due to unsafe conditions becomes necessary for the preservation and enjoyment of <br />the applicant. <br />11."The granting of the proposed variance will not in any way impair health, safety, <br />comfort, morals, or in any other respect be contrary to the intent of the Zoning <br />Code." <br />The granting of the proposed variance will not be detrimental in any way. <br />12."The granting of such variance will not merely serve as a convenience to the <br />applicant, but is necessary to alleviate demonstrable hardship or difficulty." <br />The granting of the variance will alleviate the hardship of having a rotted, unsafe <br />and therefore unusable deck <br />Issues for Consideration <br />1. Because the deck was tom down prior to applying for a variance, and there is no <br />record of a building permit, should the applicant be allowed to replace the deck 26’ x <br />10 ’ or 26’X 6’? <br />2. Should the applicant be required to remove any patio in an anempt to reduce <br />hardcover? <br />3. Are there any other issues or concerns with this application? <br />Staff Recommendation <br />Approval of a hardcover variance for the 75-250’ zone allowing a 26 x 10 foot deck to be <br />replaced subject to removal of a portion of the patio outside the footprint of the deck (see <br />Exhibit E). <br />kmdiimi