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HomeMy WebLinkAboutResolution No. PZ2021-26CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-26 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE PERMIT TO ALLOW FOR A REAR YARD SETBACK OF FIVE FEET WHERE A TWENTY-FOOT SETBACK IS REQUIRED; AND A VARIANCE TO ALLOW FOR A HEIGHT OF SEVENTEEN FEET FOR A ONE STORY ACCESSORY STRUCTURE LOCATED AT LOT 5, BLOCK 3, DEEPWOOD PARK SUBDIVISION AMENDED APPLICANT: Brad Nyquist PROPERTY ADDRESS: 110 Deepwood Court LEGAL DESCRIPTION: Lot 5, Block 3, Deepwood Park Subdivision Amended KENAI PENINSULA BOROUGH PARCEL NUMBER: 04938035 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150, Variance permit -Permit Application, was submitted to the City; and, WHEREAS, Kenai Municipal Code 14.24.020 -General Requirements requires a rear yard setback of twenty-feet (20') in the Suburban Residential (SR) zone; WHEREAS, Kenai Municipal Code 14.20.200(a)(5) -Accessory Structures -provides that "one story in height is a maximum of twelve feet (12') high as measured from the ground to the highest point of the subject structure roof'; and WHEREAS, the applicant has demonstrated with plans and other documents that all of the conditions have been found to exist as a prerequisite to issuance of a variance permit pursuant to Kenai Municipal Code 14.20.180(c), Variance permit -Review Criteria; and, WHEREAS, the Planning and Zoning Commission finds: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. A pp licant Res ponse: The 20 ft. ROW is not a usable space for constructing a road or usable pathway due to swamp nature. The structure in question will still be set back 20 to 25 feet from the neighbors lot line. This is basically an unusable piece of property for normal use and would love to use this low area as usable space. Moving 20 feet off my back line would encroach upon large birch trees. Staff Res ponse: Staff discussed with the applicant the possibility of decreasing the size of the deck structure so that he could comply with Kenai Municipal Code 14.20.200(2) which Resolution No. PZ2021-26 Page 2of4 states as follows: Covered but unenclosed passenger landings, or storage sheds of not more than two hundred (200) square feet, with no side or end longer than sixteen feet (16'), and not more than one (1) story in height may extend into the rear yard, but such structure shall not be closer than five feet (5') to the rear lot line; and Applicant felt that reducing the size of the deck would not leave enough usable space for him to install a railing and that would create a safety issue. The applicant has indicated that the area behind his residence is sloped and that the area where he wishes to construct the deck and accessory structure (storage shed) is the flattest part of the property. The distance between the deck and property line will be five feet; however, there is a twenty- foot right-of-way adjacent to the applicant's property line that would provide for an additional twenty-feet from the rear neighbor's property line. Said right-of-way is reserved for use as drainage and non-vehicular transportation corridors. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. Applicant Response: The property behind the house is sloped and the West end (back) is the flattest part of the property. If the structure is placed in other open areas of the property, I would have to remove remaining deciduous trees: I have removed 11 beetle-kill spruce trees in the last year. A structure in any other open part of the property would shade the garden and greenhouse. A structure in other open spaces on the lot would be more visible to the North and South neighbors due to height on more elevated portions of the lot. The space at the far back part of the lot is not suitable for any other purpose or activity other than this proposal. It is a low, flat area and in my opinion, this is the best management of the space on this lot. Staff Res ponse: Staff finds that it is reasonable for the applicant to place the deck and accessory structure in the proposed location since placing it at another location on the lot would necessitate the removal of additional trees. Also, the applicant states that would not be visible by any neighbor as it is in a low area on the property; the location is twenty-feet (20') in elevation lower than the residence. A five foot rear yard setback should not negatively impact the adjacent 20 foot ROW. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. A pp licant Res ponse: There is no restriction in zoning that I am aware of for a deck to be built and used in this space. It I put a structure on it would be a building for personal use only. Staff Res ponse: An accessory structure (storage shed) is a permitted use within the Suburban Residential (RS) Zone of the City of Kenai. The square footage of the structures located on the property, including the proposed accessory structure is under the maximum lot coverage of 4,835 square feet as allowed in the Suburban Residential Zone (RS). Resolution No. PZ2021-26 Page 3of4 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. Applicant Response: The request for reasonable use of my property with the variance of allowing a 5 foot setback instead of 20 feet for a deck structure greater than 200 sq. ft. (up to 360 sq. ft), and variance of height for a single story structure to 17 feet above grade due to the deck ht of 5 ft above grade, and would be the minimum variance and not encroach any greater. Staff Res ponse: The granting of a variance of fifteen-feet provides for a five foot rear yard setback will provide a minimum variance that will provide for the reasonable use of the subject property. Based on the topography and existing structures on the property, the variance for setback would allow for the siting of the storage building on the property, where no other locations would be suitable. The granting of a variance of five-feet provides for a seventeen foot building height will provide a minimum variance that will provide for the reasonable use of the subject property. Based on the topography of the property, including elevation change and being a lower- lying area of the backyard, the variance for building height would allow for the construction of a 5 foot deck above grade, the storage building peak is 12 feet above the 5 foot deck height for a total of 17 feet. 5. The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. A pp licant Res ponse: The evaluation of this variance application is not based upon other variance permits within the same zoning district. Staff Res ponse: This variance is not based upon other non-conforming land uses or structures with the same land use or zoning district. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a Variance Permit is granted to Brad Nyquist relaxing the setback requirements as set forth in Kenai Municipal Code 14.24.020-General Requirements; and That a Variance Permit is granted to Brad Nyquist relaxing the height requirement twelve feet (12') for a one-story structure as set forth in Kenai Municipal Code 14.20.200(a)(5). Section 2. That the variance permit is subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to commencement of construction of the deck, the owner shall obtain a Building Permit from the Building Official for the City of Kenai. 3. Prior to commencement of construction of the accessory structure (shed), the owner shall obtain a Building Permit from the Building Official for the City of Kenai. Resolution No. PZ2021-26 Page 4of4 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 14th day of July, 2021. AIT, CHAIRPERSON ATTEST: or JAMIE HEINZ, MMC, CITY CLERK STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: July 8, 2021 SUBJECT: PZ2021-26 – Variance Permit – Rear Yard Setback and Building Height Requirements Applicant: Brad Nyquist P.O. Box 1821 Kenai, AK 9611 Legal Description: Lot 5, Block 3, Deepwood Park Subdivision Amended Property Address: 110 Deepwood Court KPB Parcel No: 04938035 Lot Size: .37 acres (approximately 16,117 square feet) Existing Zoning: Suburban Residential (RS) Current Land Use: Single Family Dwelling Land Use Plan: Suburban Residential GENERAL INFORMATION Brad Nyquist wishes to construct an approximately 320 square foot deck on his property. The deck structure would be 16 x 20 feet (approximately 320 square feet), and the walkway leading to the deck will be 4 x 10 (approximately 40 square feet). Kenai Municipal Code 14.24.020 provides that the rear yard setback is twenty feet. An application has been submitted by Mr. Nyquist for a variance of fifteen feet, which will result in a five-foot rear yard setback. Mr. Nyquist plans to construct a 10 X 20 storage building (120 square feet) on top of the deck . Kenai Municipal Code 14.20.200(a)(5) - Accessory Structures provides that “one story in height is a maximum of twelve feet (12’) high as measured from the ground to the highest point of the subject structure roof”. Since the accessory structure will be sitting on the deck which is five feet above grade, the height of the accessory structure will be approximately seventeen feet (17’). Page 2 of 4 Application, Public Notice, Public Comment City staff received a complete application for a Variance Permit. Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing were mailed to property owners within a 300 feet of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. The applicant submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the maximum lot coverage variance request. ANALYSIS KMC 14.20.180 details the intent, application, and review criteria for a Variance Permit. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a Variance Permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. Applicant Response: The 20 ft. ROW is not a usable space for constructing a road or usable pathway due to swamp nature. The structure in question will still be set back 20 to 25 feet from the neighbor’s lot line. This is basically an unusable piece of property for normal use and would love to use this low area as usable space. Moving 20 feet off my back line would encroach upon large birch trees. Staff Response: Staff discussed with the applicant the possibility of decreasing the size of the deck structure so that he could comply with Kenai Municipal Code 14.20.200(2) which states as follows: Covered but unenclosed passenger landings, or storage sheds of not more than two hundred (200) square feet, with no side or end longer than sixteen feet (16'), and not more than one (1) story in height may extend into the rear yard, but such structure shall not be closer than five feet (5') to the rear lot line; and Applicant stated that reducing the size of the deck would not leave enough usable space for him to install a railing and that would create a safety issue. The applicant has indicated that the area behind his residence is sloped and that the area where he wishes to construct the deck and accessory structure (storage shed) is the flattest part of the property. The distance between the deck and property line will be five feet; however, there is a twenty- foot right-of-way adjacent to the applicant’s property line that would provide for an additional twenty-feet from the rear neighbor’s property line. Said right-of-way is reserved for use as drainage and non-vehicular transportation corridors. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. Applicant Response: The property behind the house is sloped and the West end (back) is Page 3 of 4 the flattest part of the property. If the structure is placed in other open areas of the property, I would have to remove remaining deciduous trees: I have removed 11 beetle-kill spruce trees in the last year. A structure in any other open part of the property would shade the garden and greenhouse. A structure in other open spaces on the lot would be more visible to the North and South neighbors due to height on more elevated portions of the lot. The space at the far back part of the lot is not suitable for any other purpose or activity other than this proposal. It is a low, flat area and in my opinion, this is the best management of the space on this lot. Staff Response: Staff finds that it is reasonable for the applicant to place the deck and accessory structure in the proposed location since placing it at another location on the lot would necessitate the removal of additional trees or structures. Also, the applicant states that it would not be visible by any neighbor as it is in a low area on the property; the location is twenty-feet (20’) in elevation lower than the residence. A five foot rear yard setback should not negatively impact the adjacent 20 foot ROW. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. Applicant Response: There is no restriction in zoning that I am aware of for a deck to be built and used in this space. It I put a structure on it would be a building for personal use only. Staff Response: An accessory structure (storage shed) is a permitted use within the Suburban Residential (RS) Zone of the City of Kenai. The square footage of the structures located on the property, including the proposed accessory structure is under the maximum lot coverage of 4,835 square feet as allowed in the Suburban Residential Zone (RS). 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. Applicant Response: The request for reasonable use of my property with the variance of allowing a 5 foot setback instead of 20 feet for a deck structure greater than 200 sq. ft. (up to 360 sq. ft), and variance of height for a single story structure to 17 feet above grade due to the deck ht of 5 ft above grade, and would be the minimum variance and not encroach any greater. Staff Response: The granting of a variance of fifteen-feet provides for a five foot rear yard setback will provide a minimum variance that will provide for the reasonable use of the subject property. Based on the topography and existing structures on the property, the variance for setback would allow for the siting of the storage building on the property, where no other locations would be suitable. The granting of a variance of five-feet provides for a seventeen foot building height will provide a minimum variance that will provide for the reasonable use of the subject property. Based on the topography of the property, including elevation change and being a lower- lying area of the backyard, the variance for building height would allow for the construction of a 5 foot deck above grade, the storage building peak is 12 feet above the 5 foot deck height for a total of 17 feet. Page 4 of 4 5. The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. Applicant Response: The evaluation of this variance application is not based upon other variance permits within the same zoning district. Staff Response: This variance is not based upon other non-conforming land uses or structures with the same land use or zoning district. City staff finds the applicant meets the criteria for issuance of a Variance Permit in accordance with KMC 14.20.180, Variance permits, and recommends that the Planning and Zoning Commission approve the Variance Permit application, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to commencement of construction of the deck, the owner shall obtain a Building Permit from the Building Official for the City of Kenai. 3. Prior to commencement of construction of the accessory structure (shed), the owner shall obtain a Building Permit from the Building Official for the City of Kenai. ATTACHMENTS A. Resolution No. PZ2021-26 B. Application C. Site Plan D. Aerial Map _____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-26 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE PERMIT TO ALLOW FOR A REAR YARD SETBACK OF FIVE FEET WHERE A TWENTY-FOOT SETBACK IS REQUIRED; AND A VARIANCE TO ALLOW FOR A HEIGHT OF SEVENTEEN FEET FOR A ONE STORY ACCESSORY STRUCTURE LOCATED AT LOT 5, BLOCK 3, DEEPWOOD PARK SUBDIVISION AMENDED APPLICANT: Brad Nyquist PROPERTY ADDRESS: 110 Deepwood Court LEGAL DESCRIPTION: Lot 5, Block 3, Deepwood Park Subdivision Amended KENAI PENINSULA BOROUGH PARCEL NUMBER: 04938035 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150, Variance permit – Permit Application, was submitted to the City; and, WHEREAS, Kenai Municipal Code 14.24.020 – General Requirements requires a rear yard setback of twenty-feet (20’) in the Suburban Residential (SR) zone; WHEREAS, Kenai Municipal Code 14.20.200(a)(5) – Accessory Structures - provides that “one story in height is a maximum of twelve feet (12’) high as measured from the ground to the highest point of the subject structure roof”; and WHEREAS, the applicant has demonstrated with plans and other documents that all of the conditions have been found to exist as a prerequisite to issuance of a variance permit pursuant to Kenai Municipal Code 14.20.180(c), Variance permit – Review Criteria; and, WHEREAS, the Planning and Zoning Commission finds: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. Applicant Response: The 20 ft. ROW is not a usable space for constructing a road or usable pathway due to swamp nature. The structure in question will still be set back 20 to 25 feet from the neighbors lot line. This is basically an unusable piece of property for normal use and would love to use this low area as usable space. Moving 20 feet off my back line would encroach upon large birch trees. Staff Response: Staff discussed with the applicant the possibility of decreasing the size of the deck structure so that he could comply with Kenai Municipal Code 14.20.200(2) which Resolution No. PZ2021-26 Page 2 of 4 states as follows: Covered but unenclosed passenger landings, or storage sheds of not more than two hundred (200) square feet, with no side or end longer than sixteen feet (16'), and not more than one (1) story in height may extend into the rear yard, but such structure shall not be closer than five feet (5') to the rear lot line; and Applicant felt that reducing the size of the deck would not leave enough usable space for him to install a railing and that would create a safety issue. The applicant has indicated that the area behind his residence is sloped and that the area where he wishes to construct the deck and accessory structure (storage shed) is the flattest part of the property. The distance between the deck and property line will be five feet; however, there is a twenty- foot right-of-way adjacent to the applicant’s property line that would provide for an additional twenty-feet from the rear neighbor’s property line. Said right-of-way is reserved for use as drainage and non-vehicular transportation corridors. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. Applicant Response: The property behind the house is sloped and the West end (back) is the flattest part of the property. If the structure is placed in other open areas of the property, I would have to remove remaining deciduous trees: I have removed 11 beetle-kill spruce trees in the last year. A structure in any other open part of the property would shade the garden and greenhouse. A structure in other open spaces on the lot would be more visible to the North and South neighbors due to height on more elevated portions of the lot. The space at the far back part of the lot is not suitable for any other purpose or activity other than this proposal. It is a low, flat area and in my opinion, this is the best management of the space on this lot. Staff Response: Staff finds that it is reasonable for the applicant to place the deck and accessory structure in the proposed location since placing it at another location on the lot would necessitate the removal of additional trees. Also, the applicant states that would not be visible by any neighbor as it is in a low area on the property; the location is twenty-feet (20’) in elevation lower than the residence. A five foot rear yard setback should not negatively impact the adjacent 20 foot ROW. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. Applicant Response: There is no restriction in zoning that I am aware of for a deck to be built and used in this space. It I put a structure on it would be a building for personal use only. Staff Response: An accessory structure (storage shed) is a permitted use within the Suburban Residential (RS) Zone of the City of Kenai. The square footage of the structures located on the property, including the proposed accessory structure is under the maximum lot coverage of 4,835 square feet as allowed in the Suburban Residential Zone (RS). Resolution No. PZ2021-26 Page 3 of 4 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. Applicant Response: The request for reasonable use of my property with the variance of allowing a 5 foot setback instead of 20 feet for a deck structure greater than 200 sq. ft. (up to 360 sq. ft), and variance of height for a single story structure to 17 feet above grade due to the deck ht of 5 ft above grade, and would be the minimum variance and not encroach any greater. Staff Response: The granting of a variance of fifteen-feet provides for a five foot rear yard setback will provide a minimum variance that will provide for the reasonable use of the subject property. Based on the topography and existing structures on the property, the variance for setback would allow for the siting of the storage building on the property, where no other locations would be suitable. The granting of a variance of five-feet provides for a seventeen foot building height will provide a minimum variance that will provide for the reasonable use of the subject property. Based on the topography of the property, including elevation change and being a lower- lying area of the backyard, the variance for building height would allow for the construction of a 5 foot deck above grade, the storage building peak is 12 feet above the 5 foot deck height for a total of 17 feet. 5. The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. Applicant Response: The evaluation of this variance application is not based upon other variance permits within the same zoning district. Staff Response: This variance is not based upon other non-conforming land uses or structures with the same land use or zoning district. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a Variance Permit is granted to Brad Nyquist relaxing the setback requirements as set forth in Kenai Municipal Code 14.24.020 – General Requirements; and That a Variance Permit is granted to Brad Nyquist relaxing the height requirement twelve feet (12’) for a one-story structure as set forth in Kenai Municipal Code 14.20.200(a)(5). Section 2. That the variance permit is subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to commencement of construction of the deck, the owner shall obtain a Building Permit from the Building Official for the City of Kenai. 3. Prior to commencement of construction of the accessory structure (shed), the owner shall obtain a Building Permit from the Building Official for the City of Kenai. Resolution No. PZ2021-26 Page 4 of 4 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 14th day of July, 2021. JEFF TWAIT, CHAIRPERSON ATTEST: ______________________________________ JAMIE HEINZ, MMC, CITY CLERK Name: Mailing Address: City: Phone Number(s): Email: Name: Mailing Address: City: Phone Number(s): Email : Variance Permit Application Brad nyquist P 0 Box 1821 Kenai State: Home:283-1683 Cell: 6901097 State: Kenai Peninsula Borough Parcel# (Property Tax ID): Physical Address: 11 o Deepwood Court Alaska City of Kenai Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 planning@kenai.city www.kenai.city/planning Zip Code: 99611 Zip Code: Legal Description: T5N R 11 W SEC 4 Seward, Meridian KN0840158, Deepwood Park Sub Amended Lot 5 Block 3 Zoning: Residential Dwelling -Single Acres: 0.37 A variance permit is the relaxation of the development requirements to provide relief when the literal enforcement would deprive a property owner of the reasonable use of their real property. The requirements for a variance permit in City Code must be met for a variance to be granted. How is this property currently being used? Residential single family , only home Use of surrounding property -north: Residential single family dwelling Use of surrounding property -south : Residential single family dwelling Use of surrounding property -east: Street (Deepwood Court) residential sing fam on other side Use of surrounding property -west: 20 ft. ROW in drainage for non motorized use, residential property beyond Variance Requested for (attach additional sheets if necessary): Requesting variance regaurding the set back from the back property line on west side. Request to build an elevated deck with possible 120 sq ft structure on own property, to be no closer than 5 ft to the 20 ft ROW established. See Abl> mo o-J.A1-~ #IZE:(' . Explain the special conditions or circumstances present which are peculiar to the land or structure involved which are not applicable to other land or structures in the same land use or zoning district: The 20 ft ROW is not in a usable space for constructing a road or usable pathway due to swamp nature. The structure in question will still be set back 20 to 25 feet from neighbors lot line. This is basically an unusable piece of property for normal use and would love to use this low area as usable space. moving 20 feet off my back line would encroach upon large birch trees. See attached document. Explain the special conditions or circumstances present that have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary {monetary) hardship or inconvenience: See the attached document Explain how this variance will not authorize a use that is not a permitted principal use in the zoning district in which the property is located: There is no restriction in zoning that I am aware of for a deck to be built or used in this space. If I put a structure on it it would be a building for personal use only. Explain how the variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure: The request for reasonable use of my property with the variance of allowing a 5 foot setback instead of 20 ft. for a deck structure greater than 200 sq ft (up to 360 sq ft), and variance of height for a single story structure to 17 feet above grade due to the deck ht of 5 ft above grade, and would be the minimum variance and not encroach any greater. Explain how the granting of a variance shall not be based upon other noncoforming land uses or structures within the same land use or zoning district: This is an original request and not based upon any other noncomforming land uses or structures within the same land use or zoning district. AUTHORITY TO APPLY FOR A VARIANCE: I hereby certify that {I am) {I have been authorized to act for) owner of the property described above and that I petition for a variance permit in conformance with Title 14 of the Kenai Municipal Code. I understand that payment of the application fee is nonrefundable and is to cover the costs associated with processing this application, and t hat it does not assure approval of the variance. I also understand that assigned hearing dates are tentative and may have to be postponed by Planning Department staff of the Planning and Zoning Commission for administrative reasons. I understand that a site visit may be required to process this application. City of Kenai personnel are authorized to access the above-referenced property for the purpose of processing this application. Signature: {~ A~ t/i//_.. _<-I / I Date: [June 23, 2021 A Print Name: Bradfof d V. Nyquis( ?' ]Title/Business: I For City Use Only Date Application Fee Received: '1-z , ... Zo2..I PZ Resolution Number: p z '2o'2.l--2<,, Explain the special conditions or circumstances present that have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary (monetary) hardship or inconvenience: The purpose of requesting the variance for specific location: • The property behind the house is sloped and the West end (back) portion is the flattest part of the property. • If the structure is placed in other open areas of the property, I would have to remove remaining deciduous trees; I have removed 11 beetle-kill spruce trees in the last year. • A structure in any other open part of the property would shade the garden and greenhouse. • A structure in other open spaces on the lot would be more visible to the North and South neighbors due to height on more elevated portions of the lot. • The space at the far back part of the lot is not suitable for any other purpose or activity other than this proposal. It is a low, flat area and in my opinion, this is the best management of the space on this lot. • The location proposed is set back 5 feet from the back lot line and is 25 feet from neighboring back lot opposite the non-motorized ROW. • This location is the best management and stewardship of the property. The purpose of requesting variance for size of decking more than 200 sf: • The available land space allows for a deck space of more than 200 sf. I propose a deck of 360 sf. This includes a 16' x 20' deck and a 4' x 10' walkway to access the deck. • A deck of 36 0 sf would be safer, allow for a railing that does not take away from usable space, allows for structure of 120 sf and maintenance of both the structure and deck. • The deck structure would not be visible by any neighbor as it is in a low area on the property; the location is 20' in elevation lower than the house. The purpose of requesting a variance for height restriction (defined single story of 12'): • The deck structure as planned will be 5' above grade; this will be safer to access on a level walkway and eliminate stairs on the steep grade. • The highest point of a 12' structure on top of the 5' platform will be a few feet below grade level of the house on the property; the structure will not obstruct the view of any neighbor. The location proposed is the safest and offers the most prudent management land use for this project. . . . .. "4 I t'f16,.. ~~· -----=-.:. ~~---- liP .... IW~uS S5' loO. f.DtN //C> DEEPC>JOOO llbuer ~u~ ea.00 1 .,. ~-~flN~~~ ~(;~ ~Ut---11---i+ STe,uctUeE sq T : 2, '2 3?. 4 L oT s~ F : I~, z 2 3 # c NCt'f'6 : erf'( <;:::Y.J~E ~ wAtt::lt. ----- LOT SURVEY CERTIFICATION I I NOT£·, ~I ~ Et~·""'... ·. N.Ofll:rf'"! "i::.o F::. c ~ :,,,..._,. ~,.;&:::;; e:.~~~~'-.i ~UTrt Pee~' UN: ---- LOT ---'5""'-.. ------BLOCK s TRACT As-Built Certificate: I hereby certify that I have surve the following described property: I ,,.(? K~NAI RESOLUTION PZ2021-26 VARIANCE PERMIT 110 Deepwood Court Lot 5, Block 3, Deepwood Park Subd. Amended KPB #04938035