03-09-1998 Council Packet - Laserfiche WebLink

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3. The variance, if granted, will not alter the essential character of the locality. 4. 5. 7. The variance for rear setback will not change the character of the area. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. Decks are permitted in this zoning district. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The deck could have been reconstructed to meet setbacks. The conditions do not apply generally to other land or structures in the district in which said land is located. The conditions applicable to this lot include the street over the southwest comer and the orientation of the house on the lot. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The deck is a replacement. Encroachment on the side lot line will not be increased beyond what previously existed. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Without the grunting of variances, the applicant would be required to remove the deck. Issues 1 . The residence faces what is technically the side yard. 2. The deck replacement does not affect hardcover. 3. The rebuilt deck does not encroach in to the rear yard setback more than the residence. H23J6 Bruce Sewton 3580 Frederick Street Variances 2/J7/9S Page 4