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Date Application Received: 12/14/2022 <br />Date Application Considered as Complete: 01/20/2023 <br />60-Day Review Period Expires: 03/21/2023 <br /> <br /> <br />To: Chair McCutcheon and Planning Commission Members <br /> Adam Edwards, City Administrator <br /> <br />From: Natalie Nye <br /> Planner <br /> <br />Date: February 21, 2023 <br /> <br />Subject: LA22-000070, Stacey Kromenhoek, 4085 Watertown Road <br />Variance: After-the-fact <br />Public Hearing <br /> <br /> <br />Background <br />On April 12, 2021 variances were approved for the subject property, 4085 Watertown Road, for the <br />construction of a new single-family home. Variances for lot size, lot width, front yard and side yard <br />setbacks were granted by the City Council. The lot is a substandard in size and width with <br />overlapping side yard setbacks. The lot is 0.64 acres in size and 73 feet in width where 5 acres and <br />300 feet in width is required for the RR-1A zoning district. There is no conforming building <br />envelope. The practical difficulties of the substandard lot and lack of building envelope led to the <br />approval of a 19-foot side yard setback per the approved plans in Resolution 7186 <br /> <br />A building permit for the erection of the new home on the subject property was issued on August 5, <br />2021 through building permit RPS21-000072. A final as-built survey was submitted on April 13, <br />2022. City staff reviewed the submitted as-built survey and identified that the deck stairs were 17.3 <br />feet from the northern property line where a 19-foot setback is permitted. This created a 1.7 foot (1 <br />foot 8 inches) new encroachment closer to the side lot line. The applicant was notified of the issue <br />and a final certificate of occupancy was not issued. Staff directed the applicant to correct the error <br />by modifying the deck and/or deck stairs to conform to the 19-foot side yard setback. The applicant <br />has chosen to go through the variance process to request a modified north side yard setback to <br />allow the constructed deck and deck stairs to be maintained. <br /> <br />Application Summary: The applicant is requesting an after-the-fact variance for a side yard <br />setback for a deck. <br />Staff Recommendation: Planning Department Staff recommends denial.