Board of Adjustment Agenda and Packet 2009 07 15

Home Browse Search

PREVIOUS VARIANCE REQUEST AND PRESENT PROPOSAL: The Board of Adjustment heard a different variance request for 888 South Palisade on March 18, 2009.. That request was to leave the structure as it .had originally been constructed resulting in a rear yard setback of 7 feet. The Board of Adjustment officially denied this request by approving a resolution on May 20, 2009. After this denial, the applicant was given the option to either remove all of the portions of the deck which encroach into the setback, or, to apply for a substantially different variance. The applicant has chosen to apply for a substantially different variance. The applicant has applied for an "after the fact" variance to allow the two story deck that covers the hot - tub to remain in its present location. The covered deck. adjacent to the two story deck will be reconstructed further back from the rear property line. The Cherrywood Subdivision PUD requires a 15 foot setback from the rear property line. The existing two story covered deck encroaches 6 feet into the rear setback and is not proposed to be altered. The covered deck adjacent to the two story deck will be moved further away from the rear property line resulting in an encroachment of 4 feet into the existing 15 foot setback. The eave of the covered deck will hang up to 3 feet over the support posts and will be located no closer than 7 feet from the rear property line. The request the Board will hear on July 15, 2009 is a new request, and is separate from the variance that was .denied on May. 20, 2009. Staff has reviewed this new request on its own merit, but desires to illustrate the main differences between the two requests to assist the Board in understanding what has changed. The following table outlines the differences between the two requests; Previous Request New Request Change Two story deck that covers the Two story deck that covers the . No difference hot -tub to remain in its present hot -tub to remain in its present location unaltered. This two location unaltered. This two story deck. encroaches 6 feet story deck encroaches 6 feet into the required 15 foot into the required 15 foot setback. setback. One story covered deck One story covered deck to be The posts supporting the one adjacent to the two story . relocated so that the posts story covered deck have been covered deck to remain in its encroach a maximum of 4 feet moved to encroach into the rear present location. The posts on into the requiredl5 foot setback 4 feet less than the this deck encroach a maximum setback. The roof covering this previous request. The roof of 8 feet into the existing deck will extend an additional 3 overhanging this deck will also setback. The roof extends an feet over the over the posts. encroach into the rear setback 4 additional 3 feet over the Including the overhang, the feet less than the previous existing posts. The roof roof will be located no more request. overhang'extends to within 4 than 8 feet from the rear feet of the rear property line. property line. . 3