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Zoning File #2112 <br />May 15, 1996 <br />Page 3 <br />construction of remodeling/additions, and ended up with a detached rather than <br />attached garage. Staff reviewed hardcover prior to issuance of the remodeling permit <br />and found it would be w ithin the limits of the approved hardcover numbers. (See <br />Exhibits F-4 and F-5.) <br />- The square footage attributed to rock walls is significantly higher than what was <br />originally approved, but this may be related to how they were calculated. Rock walls <br />were to be reduced from 442 s.f. to 194 s.f, but still remain at 330 s.f. <br />- The area of sidewalks includes a revised configuraticn reflecting the detached <br />garage, as well as the addition of a number of stepping stone walkways at various <br />locations around the house. <br />It is staffs opinion that half of the 384 s.f. "overage" is attributable to survey discrepancies, was <br />originally approved in concept, and should not be at issue. The other half of the discrepancy appeal^ <br />to be attributable to the rock wails and other walkways. <br />Given the nature of improvements on the property, the need to access various parts of the property <br />via walkways, and the arguable hardcover nature of the rock walls, staff would recoiTimend the City <br />accept the current hardcover calculations as meeting the intent of Resolution No. 2254 and would <br />not penalize applicant for the nunierical discrepancies. <br />Replacement of the 19.2’x9.4’ deck "in-kind" does not change the percentage of hardcover on the <br />property. That deck is not encroaching on any required setbacks, and is an integral part of the <br />scheme of this property. <br />Staff Recommei'.dation <br />Staff recommends approval of an after-the-fact variance for reconstruction of the subject deck, and <br />further recommends that the applicant obtain an after-the-fact permit for said deck, and that the <br />inspections department complete the appropriate inspections. Note that applicant has paid the after <br />the fact fee for what staff considered a renewal variance application (i.e. paid $120 renewal fee and <br />$120 after the fact fee). <br />During the nearly two years it has taken to get this application in front of the Plamiing Commission, <br />the applicant has expressed frustration with the policy that makes this application necessary. It can <br />be argued that "in-kind" replacement of decayed and dangerous decks should not be .subject to <br />variance approval under certain circumstances, such as past approval as part of a variance request, <br />lack of encroachment of any setbacks, no changes to footprint or bulk of structure, etc. The opposite <br />argument, adopted by Council as policy many years ago, is that replacement of such a structure is <br />often an opportunity for the City to require improvements to the hardcover situation. Additionally,