Board of Adjustment Agenda and Packet 2013 07 17

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The Ponderosa Subdivision is not governed by a Planned Unit Development (PUD). The property is zoned Residential Low Density (RL). The setbacks in the RL zone district are defined in the following table; Table 1: RL Zone District Setbacks Setback Requirement Front 25 feet Side 7 feet Rear 25 feet The original home at 500 Eisenhower was constructed in 1990. The improvement location certificate (ILC) included as an attachment to this report shows the footprint of the home as it existed at that time. The home was constructed with a 120 square foot second story deck on the south side of the house that was located in violation of the rear setback requirement, 23 feet from the southern property line. The original deck was 8 feet wide and was permitted to be constructed in this location when the home was originally built. The existing deck is in need of repair, and the applicant has proposed to fix the deteriorating portion, and expand it with a covered extension. The proposed extension would align with the existing deck, and would therefore be located 23 feet from the rear (southern) property line. The RL zone district requires a 25 foot setback from the rear property line. The proposed deck addition would encroach two feet into the rear setback and requires approval of a variance. REVIEW CRITERIA: The BOA has authority to hear and decide, grant or deny this application for a variance to the Residential Low Density zone district under the powers granted the BOA in Section 17.48.110 of the LMC. The BOA may grant a variance only if it makes findings that all of the criteria, as established under Section 17.48.110.B.1-6, have been satisfied, insofar as applicable: The applicant has provided a written analysis of the variance criteria, which has been included in the BOA packet materials. Following is a staff review and analysis of the variance criteria. 1. That there are unique physical circumstances or conditions such as irregularity, narrowness or shallowness of lot, or exceptional topographical or other physical conditions peculiar to the affected property. The subject property slopes considerably from the front to the back of the lot. The slope of the lot prohibits the construction of a flat ground floor deck area. Staff finds that the topography of this portion of the lot is a unique physical circumstance peculiar to the affected property. Staff finds this criterion has been met. 2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located. 2