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VN-238 Page 2 Section 8-230, Standards For Variance The crucial points of the variance are: a. Undue hardship. b. Unique circumstances: c. Applying to property. d. Conformance with the Plan. e. Variance shall not be to adjacent property public as a whole. Comprehensive detrimental or to the APPLICANT'S RESPONSE The applicant explains in the attached letter that the newly constructed deck, which does not conform to the setback requirements, is a replace- ment for a .previously existing deck which was deteriorating and in poor condition. The new deck was constructed in the same location as the original deck. The original deck was in place when the applicant's purchased their home in 1977. The applicant explains that the situation is unique because of the previously existing deck and that the new deck is an improvement over the old one. Hardship would result in the loss of time and expense which was put into the construction of the new deck. The pictures the applicant- refers to in the attached letter were not included with the information provided to staff., The pictures will be shown by the applicant at the public hearing.. STAFF ANALYSIS. The applicant has constructed a deck with. a zero side street yard setback. Construction of the new deck required the applicant to remove an existing deck.. The new deck was located in exactly the same location as the original deck. Had the applicant realized a building permit was necessary the applicant would have had the opportunity to relocate the deck consistent with the district setback requirements. or apply for a variance prior to construction of the new deck. The existing home was built when the zoning code allowed a 15 foot side street yard setback. The home has an actual- side street yard setback of 23 feet. The zoning code contains a provision under Section 4-040(c) which states that lots platted prior to August 21, 1981 will not be considered non-conforming in their side street yard setbacks. This ordinance applies to the applicant`s home. To be visually compatible with the. existing home and surrounding. properties and comply with Section 4-040(c) the deck should be subject to the same setgack as the existing home, which in his case is 23 feet. (See attached map) There is no record of a variance request for the original. deck. Except for the 15 foot side street yard setback there have been few changes to the R-1 zoning standards over the years. However, there have been substantial changes to the Uniform Building Code and it is possible that some provision of the building code in 1969 allowed construction of the deck at a zero setback.