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Zoning File #1452 <br />November 20, 1989 <br />Page 2 of 2 <br />At your October 23rd meeting. Council discussed the issue of <br />covering over decks. Grade level decks such as that located on <br />the lakeside of applicant's residence not only require a permit <br />for construction but also are considered as hardcover by this <br />Council and past City Councils. Any construction above such a <br />grade level deck always requires adherer :e to setbacks (lakeshore <br />setback, average lakeshore setback, side setback, etc.). In a <br />situation where construction above an existing grade level deck <br />would meet all required setbacks but the property is over the <br />hardcover limits, construction above that existing deck hardcover <br />would still require a variance. The existence of a grade level <br />deck does not vest any rights to Duild above it when hardcover is <br />excessive, according to the City's contemporary policies. <br />Staff Recommendation - <br />The applicants have indicated there is no reasonable <br />alternative location for an addition to their dining room. They <br />have provided a letter detailing the reasons why they feel their <br />situation is a hardship. If Council feels that the stated <br />hardships are valid and the additional hardcover removals provide <br />adequate compensation, then the previously drafted resolution <br />could easily be revised to reflect the additional findings and <br />conditions. If Council wishes to deny the request, a resolution <br />would be drafted for your December 11th meeting.