File #: 22-0973    Version: 1 Name:
Type: BOA Status: Agenda Ready
File created: 12/14/2022 In control: Board of Adjustment
On agenda: 1/5/2023 Final action:
Title: [ZV(R) 2022-0033 - 0034, Zachary Fidler, 2040 NW 84 Terrace
Attachments: 1. 22-0973 (Fidler)
Title
[ZV(R) 2022-0033 - 0034, Zachary Fidler, 2040 NW 84 Terrace

Summary Explanation and Background

SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:

Zackary Fidler, owner, has submitted two Zoning Variance requests for an existing patio, deck and walkway:
· ZV(R) 2022-0033 is to allow one foot (1’) street side setback along the north property line instead of the required five feet (5’) for a constructed patio deck.

· ZV(R) 2022-0034 is to allow one foot, 6 inches (1.6’) rear setback along the western property line instead of the required five feet for a built deck expansion.

On October 12, 2021, the applicant was cited by the Code Compliance Division (#67540) for construction completed without the proper approvals or permits. The applicant is aware that Board consideration of a residential variance request does not preclude the property owner from obtaining all necessary development related approvals or permits.
The subject property is not located within a homeowner’s association.

VARIANCE REQUEST DETAILS:

· ZV(R) 2022-0033 is to allow a one foot (1’) street side setback along the northern property line instead of the required five feet (5’) for an existing patio deck.

· ZV(R) 2022-0034 is to allow one foot, 6 inches (1.6’) rear setback along the western property line instead of the required five feet (5’) for an existing deck.

Code References: Table 155.620 Accessory Building and Structures.
ZV(R) 2022-0033)
Type, Deck or Patio*, Street Side, 5 feet
ZV(R) 2022-0034)
Type, Deck or Patio*, Rear, 5 feet

VARIANCE DETERMINATION:

The Board of Adjustment shall not grant any single-family residential variances, permits, or make any decision, finding, and determination unless it first determines that:
Its decision and action taken is in harmony with the general purposes of the zoning ordinances of the city and is not contrary to the public interest, health, or welfare, taking into account the character and use of adjoining buildings an...

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