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Zoning File #1584 <br />October 11, 1990 <br />Page 3 of 3 <br />Regarding the average setback encroachment, while it is <br />questionable whether views of the lake enjoyed by the neighbor to <br />the south are impaired, there is certainly additional <br />encroachment with this new deck. <br />Regarding the side setback for the deck, note that a grade <br />level deck with no railing would be allowed as near as 2' to the <br />side lot line. However, this is definitely a second story deck, <br />and the 8.5' side setback accommodates a stairway to grade level. <br />Regarding hardcover, it is likely that much of the rock with <br />plastic could be removed and reverted to grass area. The <br />driveway blacktop is extensive, however, the applicant may <br />rightly argue that a significant portion of it is necessary for <br />parking. We have no way of confirming the extent of the driveway <br />prior to its recent resurfacing. From a drainage collection and <br />redirection standpoint, the drain in the driveway with <br />underground tile exiting approximately 80* from the lake, does <br />function to alleviate some of the drainage to the southerly <br />neighbor. However, if this 4" tile plugs up, the effect of the <br />all the hardcover may tend to inundate the neighboring property. <br />Staff Recomiendation - <br />Planning Commission is requested to address the following <br />issues in any recommendation to the Council; <br />1. Is there justification for an after-the-fact side <br />setback variance to allow this upper story deck less than <br />10' from the side lot line? <br />2. Are neighboring views of the lake significantly affected <br />by the deck's encroachment past the average setback line? <br />Is there justification for granting a variance? <br />3. Given the unusually high percentage of hardcover in the <br />75-250' zone, should the deck be approved after-the-fact, <br />and if so, are there certain areas of hardcover that should <br />be eliminated to decrease the percentage?