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#07-3251 � <br /> � , February 20,2007 ; <br /> • Page 2 of 4 <br /> � List of Exhibits � � � � . <br /> A. Application ' � <br /> B. Hardship Docuinentation Form � <br /> C. Plat Map � <br /> D. Swvey, 2006 ' <br /> E. Survey, 2001 (from file) . � <br /> F. Site Plan, 1993 (from file) ' <br /> �G. Sl�rvey of Adjacent Property(from file) <br /> H. Staff drawing showing alternative deck arrangement <br /> I. Photograph of property 9/29/OS (from file) � � <br /> � J. Property Owners List <br /> Background � <br /> � In the sununer of 2005 the applicants were found to have replaced tlieir deck without a <br /> permit. Ftu�her investigation revealed the deck had been constructed 9.3 feet into the <br /> required 10 foot setback. The stuvey and hardcover calculatioils submitted with the variance <br /> application also show a grade-level patio 1.7 feet from the side properry line when the <br /> required setback is two feet, and hardcover in the 75 to 250 foot zone in excess of 25 percent. <br /> The house was consfiructed in 1973 with a deck tliat extended about halfway across the back <br /> of the house. Because of variation in the back wall of the house that deck extended 8 feet <br /> from the family room and 9 feet from the dinette area. The deck conformed to tlie 10 foot . <br /> setback requirement. At some point the portion of the deck off the family room was <br /> converted to a room. In 2001 the applicaiits received conditional use permit for retaiiung <br /> • walls in the 0 to 75' zone. The survey submitted with tliat application showed an irregularly <br /> shaped deck that encroached into the ten foot required setback. That deck appears to have ' <br /> been constnicted without a permit by the former ounier. <br /> The Building Official lias determined that the bu'ilding code would require a minimum of a <br /> three foot setback from the properry line for the deck. Walls within three feet of a property � <br /> � line must be constructed to aclueve a fire rating that is impossible to achieve with a deck. A <br /> municipality cannot grant a varia�ice to a building code requirement. <br /> ------------------------------------------------=------------------------------------- <br /> LOT ANALYSIS WORSHEET ' � <br /> Lot Area/Width: <br /> Re uired Actual . <br /> Lot Area 1 acre 1 acre <br /> Lot Width 140 feet 46 feet <br /> Structural Covera�e: - � � <br /> Allowed � Existing Proposed . <br /> 6,526 s.f. 15.00% 3,100 s.f. 7.10% 3,100 s.f. 7.10% � <br />