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June 3, 2025 Centerville Planning & Zoning Commission Page 2 of 2 RE: 7239 Main Street, Variance Request Ï Deck Encroachment in Sewer Easement The application notes that the house cannot be moved any further toward Main Street, which is true, but the size and shape of the house could be modified within those constraints to avoid the easement. The circumstances that lead to this variance are created by the applicant and are not inherent characteristics of the property. The variance request should be denied, and the home and deck plans should be revised to avoid the sewer easement. RECOMMENDATION I recommend that the Planning and Zoning Commission recommend denial of the variance at 7239 Main Street for encroachment of a deck into a sewer easement, with the following findings of fact: Findings of Fact for Denial of Variance 1) Joshua Markum Builders, Inc. (ÑOwnerÒ and ÑApplicantÒ) owns the lot at 7239 Main Street, zoned R-2 Single Family Residential. 2) The property is identified as PID 15-31-22-44-0080 and legally described on the certificate of survey submitted with the application. 3) The applicant wishes to build a new home with a deck on the back of the house that would encroach about 10 feet into the existing sewer easement on the lot. Such encroachment is not allowed per city code. 4) The Centerville Zoning Code, in Section 156.310, has criteria for consideration of variances, including that Ñ\[t\]here are unique circumstances to the property not created by the landownerÒ that pose a practical difficulty to meeting the ordinance. There are no such unique circumstances, and the property could readily accommodate a house and deck of reasonable size and shape that would respect all setbacks and easements. 5) The request does not satisfy the requirements of Section 156.310. 60-Day Deadline The application was received May 15, 2025. The deadline for final action by the City Council per State statute 15.99 is July 15, 2025. 21