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4. The City does not have a recorded easement over the portion of the property that is being <br />used for public road purposes. This area has been used for many years for road purposes, <br />so the City has prescriptive easement rights on this property. To clarify this situation, the <br />Public Services Director has requested that the applicant provide a permanent road <br />easement for the actual road and utility area and an additional five feet behind the curb for <br />maintenance purposes. <br />STAFF RECOMMENDAl *N <br />Staff recommends the granting of the necessary variance to allow the applicant to retain the 203 s.f. <br />deck subject to a condition. <br />• Staff recommends approval of a rear setback variance of 7.5’ to allow the deck to remain <br />22.5' from the rear lot line where 30' is required and 14.77' is existing. <br />• Staff recommends that as a condition of approval an easement for the street be obtained for <br />the paved area and 5' from the curb. <br />Attachments <br />A <br />B <br />C <br />D <br />E <br />F <br />G <br />H <br />Application <br />Plat Map <br />Property Owners List <br />Location Map <br />Topographic Map <br />Permit Record <br />Survey <br />As Built Diagram