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Three Factor Test <br />Per State Statute, a variance can be issued if zoning provisions result in practical difficulties for a property <br />owner. This includes reasonableness, uniqueness, and essential character. <br />• Reasonableness: The addition of a deck on a residential structure is not only reasonable but very typical in <br />residential neighborhoods. <br />• Uniqueness: The Flintwood Hills PUD provided smaller lot sizes than the standard R-1 Residential <br />(MUSA) - 80 district. The parcel is a corner lot, which requires greater setbacks on two sides of the <br />Subject Property. The City allowed the sliding glass door in the western wall even though the house was <br />constructed at the minimum required setback. <br />• Essential Character: As noted previously, there are multiple properties along Dysprosium Street that have <br />decks less than twenty (20) feet from the property boundary. Therefore, the proposed deck would not alter <br />the essential character of the neighborhood. <br />Alternatives <br />Alternative 1: Approve the requested variance. No part of the deck would encroach on the existing drainage and <br />utility easement and existing vegetation, along with an existing privacy fence, should provide decent screening of <br />the deck from those traveling along Dysprosium Street. Staff supports this alternative. <br />Alternative 2: Approved the requested variance with modifications. This alternative would be based on Planning <br />Commission discussion. <br />Alternative 3: Deny the requested variance with supporting findings of fact. The proposed deck location is <br />similar to others within the neighborhood. It would be relatively screened from view and would not impede <br />neighborhood safety. Staff does not support this alternative. <br />Funding Source: <br />All costs associated with this request are the responsibility of the Applicant. <br />Recommendation: <br />Staff recommends approval of the request. <br />Action: <br />Motion to adopt Resolution #23-135 approving a variance to setback requirements for the construction of a deck <br />at 5364 142nd Circle NW. <br />Attachments <br />Site Location Map <br />Site Plan <br />Deck Plan <br />Northbound and Southbound Views of Subject Property from Dysprosium Street <br />ACTION - Resolution #23-135 <br />Form Review <br />Inbox Reviewed By Date <br />Brian Hagen Brian Hagen 06/15/2023 04:11 PM <br />