Board of Adjustment Agenda and Packet 2023 09 20

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Board of Adjustment Meeting Minutes April 19, 2023 Page 4 of 11 Steve Sparhawk, DeckTec Outdoor Designs, Inc. Sparhawk discusses how they meet the 20-foot setback. He believes this will enhance the neighborhood as well as the property. Applicant Questions of Staff. None is heard. Public Comment: None is heard. Closinq Statement by Applicant: None is heard. Closing Statement by Staff: Stuart asks if there letters of support. Hassan says there were a few and they are in the meeting packet. Discussion b By oard: Sommer wonders how reasonable and a minimum are computed. She discusses the variance granted four years versus this current one. Cooper says there are large sized homes along the golf course and they all have garden views and large decks since there is so much golf course area. It does not encroach at all for other properties or the golf course. In her perspective, whether it is two or nine feet, it will look the same. Hawksley agrees with Cooper and talks about the impossibility of having a deck span the rear of the home without having this setback. Sommer discusses the hardship criteria and how that is applied. Cooper says she does not think people go into buying any home thinking about zoning and code. They are evaluating what other neighbors have in the neighborhood and assuming they could do the same to their property. Stuart says it depends on how you define hardship. This property owner did not create the lot line as it is. Hawksley says as a City, we set setback criteria. Unfortunately, streets are not straight and lots change shape. We factor in if the general rules or criteria then fit in for this lot. Sommer believes that owners cannot claim ignorance when buying a lot. She asks for a scenario when this would not be allowed or a reasonable request to be given. Nakari says we did have a case about a year ago that had a deck that encroached on the neighbor's property. We did not approve that case. This proposal does not encroach on another property though. He believes this proposal meets the spirit of the lot. Cooper believes this is the most reasonable design that they could do in order to conform to the neighborhood. Sommer asks about precedent and judgment in regards to proposals.