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Request by Eugene Sczesny for a front yard setback variance at 1314 St. James Court
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Submitted by:
Art Pinon
Department:
Development/Planning
A. Issue
The applicant is requesting a variance to the front yard setback requirement for the construction of a wooden deck at 1314 St. James Court, located in the Two-Unit Residential (R2) zone. With the exception of the front yard setback, the proposed project is expected meets all applicable development standards.
The table below outlines the proposed front yard setback in comparison to the minimum required setback per WMC 24.02.030:
Variance Requested
Proposed Setback
Required Minimum Setback
Front Yard
17 feet
25 feet
The existing home is currently situated 24 feet from the front property line and is considered legal non-conforming with respect to front yard setback requirements. The proposed deck would further encroach into the setback by approximately 7 feet, resulting in a 17-foot front yard setback.
In accordance with WMC 24.15.040, expansions to nonconforming structures are permitted provided that the proposed expansion complies with all applicable lot and building standards.
Attached to this report are a letter addressing the four variance findings in accordance with WMC 24.16.060.H, plat of survey, site aerial, deck specifications and photos of a previous walkway and railing in the project location.
B. Recommendation
The standard four criteria should be applied to make the determination for the requested variances:
1. Exceptional circumstances do exist pertaining to this lot.
2. That a variance is necessary for the preservation and enjoyment of the property rights possessed by other properties in the district and vicinity.
3. That the variance will not create special detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this or to the public interests.
4. That the difficulty or hardship was not cre...
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