10-08-25 PC Packet - Laserfiche WebLink

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Page 7 of 10 According to the Applicant, the proposed expanded deck would allow for the property to be used in a reasonable manner. The narrative explains that the existing deck needs to be replaced and that the dwelling requires a wheelchair accessible entrance. The proposed deck includes a wheelchair ramp but the ramp dimensions would result in a deck expansion within the required rear yard setback. The expansion of the existing deck within the nonconforming setback would not be permitted by the Zoning Ordinance. The variance is requested to allow for the expanded deck with the wheelchair accessible ramp. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant’s written narrative, the circumstances that necessitate a variance are unique to the property as the location of the house and deck predate their ownership. The Applicant also explains that it is reasonable for the deck to go in the same location as the existing deck, since there is an entrance to the house accessible only from the current deck location. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The Applicant states that the proposed would not alter the essential character of the city because it will not be any closer to the lot line than the current deck and the replacement deck will be of a reasonable size for the house. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. The Applicant states that the variance request is primarily for safety and quality of life on the property, not for economic reasons alone. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. This standard is not applicable to the proposed variance request. Additional Review Building Official The Building Official has reviewed the plans and has no additional comments. A Building Permit will be required prior to construction. Public Works Director/City Engineer The Public Works Director/City Engineer has reviewed the plans and has no additional comments at this time. Public Works permits will be required prior to any land disturbance, utility, or right- of-way work. These items have been included in the drafted conditions of approval. Rice Creek Watershed District The Rice Creek Watershed District has reviewed the plans and has no additional comments. RCWD determined that a RCWD permit is not required as the deck is outside of the current RCWD regulatory floodplain elevation.