Memo to street file re_deck replacement.docMEMORANDUM
Date: April 30, 2008 To: Street File From: Mike Clugston, Planner Subject: Deck replacement in rear setback
During the review of the Winters deck replacement at 1138 6th Avenue South (BLD20080271), it was noticed that the existing deck was constructed approximately 5 feet into the 15-foot
rear setback (site plan received April 15, 2008). The deck was originally permitted in 1967 and the permit application indicated that the 15-foot setback existed at that time. However,
it is uncertain whether the deck was constructed to meet the setback at that time and later expanded without a permit or whether it was constructed improperly in 1967.
For this permit, the applicant initially wanted to replace the entire deck as well as add new footings and stairs. This was not allowed as it would increase the non-conformity of the
deck. ECDC 17.40.020 allows for the maintenance of non-conforming structures so long as the non-conforming nature of the structure does not increase through the maintenance. Moving
the existing footings or adding new ones in the setback would have increased the non-conformity. The applicant subsequently chose to replace the deck structure, leaving the existing
footings in place and stairs were not added (letter from Sara Winters dated April 25, 2008).