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02046V-14-79 MOVED,,SECONDED BY MR. .BYRD, TO APPROVE V-13-79 WITH THE STIPULATION THAT THE CARPORT BE CONSTRUCTED WITH OPEN SIDES SO AS NOT TO CREATE A SIGHT HAZARD WITH; TRAFFIC`TURNING:THE,;CORNER, BECAUSE IT IS.'A' MINIMUM>VARIANCE.TO iAKE.REASUN- INLTHE�AREA`ASETHENHOUSE NEXT DOORBISGALMOSTGAS CLOSELTOETHETSTREETED BOTIUNERS CARRIED. JOHN and DIANA TITUS - Variance from required rear yard setback at.21220 Shell Valley Rd. RS-8 -- PRD) Ms. Luster said the rear yard setback requirement is 20'. This request was to allow continued use of an existing enclosed deck which the applicants had added to their home. They previously had a small landing which they increased in size and enclosed to allow outdoor play area for their small child. The plot plan was displayed. The addition was constructed without a permit, but there had been other decks constructed in the area similar to this one, also constructed without permits. The Staff felt this addition was not detrimental to the neighbor- hood and signatures had been received from adjoining property owners who view the deck and did not object to the deck remaining in its present location. It was constructed to blend in with the home and appeared to be soundly constructed. It was located at the only place a deck could be added to the home, although the entire addition was into the setback. Most of the homes in this PRD were con- structed right up to the setback and very few have any additional space in which to make additions. This home was built very close to the rear setback. Ms. Luster recommended approval because the addition did not appear to be detrimental to adjoining property owners, it will not obstruct views or create a traffic hazard, and the deck does not interfere with the developing character of the area. The public portion of the hearing was opened. Richard Anderson of 21226 Shell Valley Rd., across the street from the subject home, said the deck looks very nice and is well constructed. Craig Collins of 21228 Shell Valley Rd. said he had attended a Board of Adjustment meeting about a year ago when a similar application was heard, and Mr. Titus and he had driven home together at which time Titus made the statement that if he wanted a deck on his home he would build it without going through all of this. Mr. Collins charged that Mr. Titus had built his deck "in contempt of this tribunal." Ms. Luster said in answer to a question that this matter had come to her attention as the result of a complaint to the Building Department. The public portion of the hearing was closed. Mrs. Derleth said she is never happy when a request comes in for a permit after something already has been built because it appears it, is easier to get the approval once the construction is completed. She said if the fact that it is already constructed is ignored and it is looked at as a new applica- tion then her comments would be that it is a standard of life for people to have an outdoor deck and it is unfortunate the development was platted without allowance for such. She said it did seem to be a minimum extension to make an outdoor living area on the side of the home the least obstructive to the neigh- borhood. MRS. MEDINA MOVED, SECONDED BY MR. BYRD, TO APPROVE V-14-79 BECAUSE IT DID NOT APPEAR TO BE DETRIMENTAL TO THE ADJOINING PROPERTY OWNERS AND 14ILL NOT OBSTRUCT THE NEIGHBORS' VIEW, IT APPEARED TO BE A MINIMUM VARIANCE, AND THE DECK GENERALLY IS IN HARMONY WITH THE HOUSE AND SURROUNDING BUILDINGS. MOTION CARRIED. Chairman Stole said the Board was in need of a Vice Chairman, and CHAIRMAN STOLE MOVED, SECONDED BY MR. LERAAS, THAT HAROLD HATZENBUHLER BE THE VICE CHAIRMAN OF THE BOARD OF ADJUSTMENT BECAUSE HE HAS THE BEST ATTENDANCE. MOTION CARRIED. Two concerns were expressed at the conclusion of the final hearing. One was that Shell Valley did not take into consideration when it was platted that people would buy the homes and then immediately want to build bigger decks, so there was no space allowed for such. The other was that such items come to the Board only by virtue of a neighbor's complaint. Ms. Luster said there now are more building inspectors and more people in the Planning Department who can look into such violations and enforce the Code. There was no further business to come before the Board, and the meeting was adjourned at 12:05 a.m. EDMONDS BOARD OF ADJUSTMENT Page 10 - February 21, 1979 11