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Last modified
7/17/2007 11:59:13 AM
Creation date
12/8/2004 12:12:17 PM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
2614
Planning Files - Type
Variance
Address
1281 JOSEPHINE RD
Applicant
KADRIE, CHUCK
Status
APPROVED
PIN
032923120007
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<br />grade level patio-deck, extends to within 15 feet of the normal <br />high water mark of Lake Josephine, any part of his structure can be <br />extended to that same setback without increasing the substandard <br />dimension. Plaintiff's premise is flawed. <br />In order for this grade level patio-deck to be an appropriate <br />measuring line for the substandard dimension, it must be an <br />appurtenance to a structure. Roseville City Code § 18.100(2) (C) <br />requires that plaintiff's structure must be setback 75 feet from <br />the normal high water line. Section 18.080(10) defines a structure <br />as any building or appurtenance thereto. Plaintiff's grade level <br />deck is not a building or an appurtenance thereto. The patio is <br />not attached or connected to the structure in any manner. As <br />explained by building inspector Loren Kohnen; it simply rests on <br />timbers next to the walk-out patio door (Ex. 7). Because the patio <br />is not attached in any way to plaintiff's home it cannot be <br />considered an appurtenance thereto. <br />Whether you call this a patio or a deck, it is clear that it <br />is not in the same category as the above grade deck which is firmly <br />attached to the home and therefore qualifies as an appurtenance. <br />Black's Law Dictionary defines "appurtenance", as "[an] article <br />,adapted to the use of the property to which it is connected. . ." <br />(emphasis added). Black's Law Dictionary 94 (5th edition, 1979). <br />By definition, the patio must be attached or connected to the <br />structure to be an appurtenance; it is not. <br />Thus, the appropriate measuring line to determine whether <br />there is an increase in the sub-standard dimension would not be the <br /> <br />7 <br />
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