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approximately 7' from the line at its closest point. Note that the <br />topography gets higher as you move toward the Anderson house. This. new <br />deck will not encroach on an average lakeshore setback, and does not <br />encroach on any side yard setback since the stairs are a non -encroachment <br />and the railings that are locates: less than 10' from the property line <br />extend no higher than a 3-1/2' fence would. The applicant notes that the <br />new deck is 4 square feet less hardcover than the pre-existing deck. <br />4. Staff has reviewed the hardcover on the site and finds that the <br />landscape areas underlain by plastic generally are near the west side of <br />the house where that plastic helps to prevent drainage directly into the <br />basement wall area. It would seem appropriate to allow this hardcover to <br />remain. Staff would also note that much of the shrubbed area that has rock <br />underneath is underlain by porous fabric which staff does not consider as <br />hardcover. <br />Discussion <br />It appears that the contractor doing the storm damage repair did not <br />realize the need for a permit to replace the existing deck with a deck <br />similar in size. Mr. Owens presumed that the contractor had taken out <br />whatever permits were necessary. The applicant has been very cooperative <br />with the City in providing the necessary information for this application <br />and has been working with st >ff and the city engineer during the various <br />phases of restoration. <br />Staff Recommendation <br />Finding that hardcover is not + 'L.ased by this rebuilt deck, staff would <br />recommend approval of a hardcover variance to allow continuation of the 36% <br />hardcover in the 75-250' zone. <br />