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Page 2 of 10 2. Site Data 2040 Future Land Use Plan: LDR – Low Density Residential Existing Land Use: Single-Family Dwelling Zoning: R-1 Single Family Residential District Lot Size: 1.00 acres/43,740 square feet 3. Proposed Use The Applicant is proposing to replace an existing deck with a new, larger deck. In Section 1325.03, Exceptions to the Minimum Requirements for All Districts, it is established that in the R-1 Zoning District, decks may extend six (6) feet into the required rear setbacks but in no case shall these encroachments be less than six (6) feet from any lot line. The required rear setback in the R-1 District is 30 feet, which means a property with a conforming rear yard setback could have a deck with a 24-foot rear yard setback. The existing deck on the Subject Property is approximately 40 years old and is nonconforming with rear yard setbacks for decks in the R-1 Zoning District as it currently has a 8.8-foot rear yard setback. Per Section 1350, Nonconforming Use and Buildings, a building that is nonconforming shall not be expanded but may be continued through repair, replacement, restoration, maintenance or improvement. The need for a variance is triggered because the Applicant is proposing a deck replacement that would expand the deck area at the existing nonconforming 8.8-foot rear yard setback. The proposed deck could not be constructed without the rear yard setback variance. The Applicant is requesting a variance to decrease the rear yard setback for decks for the Subject Property from 24 feet to 8.8 feet as measured from the east side of the structure to the rear property line. The proposed 568 square foot deck would replace the existing 249 square foot deck attached to the south side of the single-family dwelling. The existing deck extends approximately 18.28 feet south and the proposed deck would expand the footprint to the south approximately five (5) additional feet to accommodate a ramp. The proposed deck would extend approximately 23.5 feet south and increase the deck footprint but would not encroach beyond the existing nonconforming rear yard setback. The Applicant states that the proposed new deck is intended to enhance safety, accessibility, and usability of the outdoor space. It is noted in the narrative that the existing deck is unsafe and unusable and in need of replacement. The proposed deck would include a ramp to allow for wheelchair access to the dwelling and a proposed ramp requires a four-foot extension to include a landing for wheelchairs to maneuver. The additional square footage for the deck is primarily to allow for an accessibility ramp. The property owner states that they have a family member who uses a wheelchair and that the proposed deck would meet the need for a safe way to get to the main level of the house. The proposed project complies with all other applicable city code requirements for the R-1 Zoning District (i.e. structure coverage, impervious surface, etc.)