Board of Adjustment Agenda and Packet 2009 07 15

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Table 1: Cherrvwood Subdivision Setbacks Setback Requirement Front (minimum) 15 feet Front (average) 20 feet Side (interior) 5 feet Side (street) 15 feet Rear 15 feet Garage (front) 20 feet The original home at 888 South Palisade Court was constructed in 1988. The improvement location certificate (ILC) included as Attachment 1 shows the footprint of the home as it existed in 1990. When the 1990 ILC was completed, the,home at 888 South Palisade Court met all of the setbacks required by the Cherrywood Subdivision PUD. An ILC completed in January of 2009 (Attachment 2) shows the footprint of the structure as it exists today. The covered deck, stairs and playhouse shown on the 2009 ILC were constructed in the rear yard without a building permit subsequent to the Certificate of Occupancy for the original structure. The playhouse has since been removed. It should be noted that uncovered decks less than 30 inches in height may extend into an established setback requirement. The existing deck on the property is less than 30 inches in height and can remain in the rear setback. The deck posts that support the roof at 888 S. Palisade Court are over 30 inches in height. Therefore, the covered deck requires a building permit and must meet the required setbacks. The construction of property improvements without a building permit violates Section 15 (International Building Code) of the LMC. It is not within the Board of Adjustment's purview to specifically address this violation of the LMC. It is the responsibility of the Board to address any variance requests to the requirements of the Cherrywood Subdivision PUD and Chapter 17 of the LMC. The applicant was notified of the LMC building codeviolations in January of 2009 and indicated that the improvements were completed without a building permit. The construction of the addition and the playhouse occurred sometime in 1997. The applicant completed an ILC (Attachment 2) to determine if the improvements constructed without a permit were located in any of the required setbacks as established in the Cherrywood Subdivision PUD. After reviewing the completed ILC with the applicant, the Planning Department, and the Building Safety Division, it was determined that the structures constructed without a permit were in violation of the following setback requirements; 1. The playhouse structure encroaches 5.3 feet into the required 10 foot accessory structure rear setback (eastern) and 4.2 feet into the required 5 foot north side setback. 2. The covered deck of the principal structure encroaches 7 feet into the required 15 foot rear setback. It was also determined that the playhouse, and the stairs from the deck encroach into an 8 foot easement on the rear of the property and a 2.5 foot easement on the north side of the property. Section 17.12.040 of the LMC requires that "No part of any structure may project into an easement". The applicant has agreed to relocate the playhouse structure so that it conforms with the setback requirements of the Cherrywood Subdivision PUD and is located outside of the easements.