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Last modified
7/17/2007 11:59:13 AM
Creation date
12/8/2004 12:12:17 PM
Metadata
Fields
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 />prohibits expanding the dimensions of substandard uses, which <br />includes the adding of a deck beyond the kitchen addition. <br />In determining the appropriate setback allowed for a <br /> <br />substandard use, Mr. Kadrie wants to use the grade level patio, <br /> <br />situated 15 feet from the normal high water mark, as the measuring <br /> <br />line. <br /> <br />The Roseville Zoning Code Section 18.080(8) defines <br /> <br />'11 setback" as "the minimum horizontal distance between a structure <br /> <br />and the normal high water mark...". The grade level patio is not <br />a structure. The Roseville Zoning Code Section 18.080(10) defines <br /> <br />"structure" as "any building or appurtenance thereto <br /> <br />" <br />. .. . <br /> <br />The <br /> <br />grade level patio is not a building or an appurtenance thereto. <br />The patio is not attached or connected to the structure in any <br /> <br />way. It is simply a patio made from timbers that is situated in <br /> <br />front of the walk-out patio door. In a Staff Report by Mike Falk, <br /> <br />which recommends that Mr. Kadrie's request for a variance to build <br /> <br />the deck be denied, Mr. Falk states: <br /> <br />Staff's interpretation of the shoreline management <br />ordinance would allow Mr. Kadrie to extend his kitchen <br />only to the limits of the existing first floor deck. It <br />is staff's feeling that extending a new deck beyond this <br />point should be interpreted as increasing a substandard <br />dimension and therefore, is prohibited by ordinance. <br />Staff further interprets the code to limit further <br />encroachment on the lower level beyond the existing <br />structural wall (the at grade deck is not considered to <br />be an integral structural element) . <br /> <br />Mr. Kadrie argues that staff is trying to invent limitations <br />by saying the at grade deck is not an integral structural element. <br /> <br />Mr. Kadrie is mistaken as to this assertion. <br /> <br />The Code clearly <br /> <br />defines a structure as a building or appurtenance thereto. The <br /> <br />3 <br />
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