Agenda - Council - 07/11/2023 - Laserfiche WebLink

Home

Dysprosium Street is also a Municipal State Aid (MSA) road, which has a wider right-of-way width (80 feet) than a typical residential road. Circa 2012-2013, traffic -calming and safety improvements were made to Dysprosium Street, including narrowing the road, adding sidewalks on both sides of the road, and installing boulevard trees. Along the east side of Dysprosium Street, abutting the Subject Property, there is a nine (9) foot wide boulevard (with boulevard trees), a six (6) foot wide sidewalk, plus another roughly seven (7) feet of turn before the actual property line. So, while the deck would only be setback ten (10) feet from the property line along Dysprosium Street, it would still be over thirty (30) feet from the road. Three Factor Test Per State Statute, a variance can be issued if zoning provisions result in practical difficulties for a property owner. This includes reasonableness, uniqueness, and essential character. • Reasonableness: The addition of a deck on a residential structure is not only reasonable but very typical in residential neighborhoods. • Uniqueness: The Flintwood Hills PUD provided smaller lot sizes than the standard R-1 Residential (MUSA) - 80 district. The parcel is a comer lot, which requires greater setbacks on two sides of the Subject Property. The City allowed the sliding glass door in the western wall even though the house was constructed at the minimum required setback. • Essential Character: As noted previously, there are multiple properties along Dysprosium Street that have decks less than twenty (20) feet from the property boundary. Therefore, the proposed deck would not alter the essential character of the neighborhood. Alternatives Alternative 1: Approve the requested variance. No part of the deck would encroach on the existing drainage and utility easement and existing vegetation, along with an existing privacy fence, should provide decent screening of the deck from those traveling along Dysprosium Street. Staff supports this alternative. Alternative 2: Approved the requested variance with modifications. This alternative would be based on City Council discussion. Alternative 3: Deny the requested variance with supporting findings of fact. The proposed deck location is similar to others within the neighborhood. It would be relatively screened from view and would not impede neighborhood safety. Staff does not support this alternative. Funding Source: All costs associated with this request are the responsibility of the Applicant except for the second mailing and posting in the local newspaper. The City is covering those costs as the lack of a quorum at the Planning Commission meeting was not the fault of the Applicant. Recommendation: Staff recommends approving the request. Action: Motion to adopt Resolution #23-135 approving a variance to setback requirements for the construction of a deck at 5364 142nd Circle NW. Attachments Site Location Map Site Plan Deck Plan