Action Summary:
title
Application for variance to perform repairs to an exterior deck at the rear of a single family residential structure located on property at 3632 Spring Beauty Court within a special flood hazard area. PIN: 19082600390
MIT
MIT Supported - Mark All Applicable
☐ Critical Staffing Needs (staffing shortages, retention)
☐ Financial Stability/Sustainability (diverse tax base)
☒ Safety & Protecting Community (code enforcement, stormwater)
☐ Commercial Development
☐ Downtown Development
☐ Tourism (increase share; museum should equitably represent community; events)
☐ Downtown Parking (address parking needs)
☐ Youth Program/Council (community center for youth and seniors; learning gap)
☐ Prepare for Growth and Development (infrastructure in place; annexation; curb cuts; recycling, signage)
staffnotes
Staff Notes
Repairs, even without expansion, are considered development under floodplain regulations, including renovation or repair of existing structures and replacement of materials. If the property is located within or adjacent to an special flood hazard area, the city will require a floodplain permit and review to confirm that the deck repair complies with the city’s flood ordinance.
While repairs may not require elevation changes, the applicant will be required to use flood-resistant materials and avoid converting the deck into habitable space.
In lieu of criteria for the granting of variances generally, as provided in article 14 of the unified development code, a flood hazard area variance shall be issued only when it has been determined that the following criteria have been met:
(a)Good and sufficient cause for the relief sought exists;
The deck is in disrepair and cannot be used and poses a safety concern.
(b)Failure to grant the variance would result in exceptional hardship;
Denying a variance to address an unsafe structure used by a resident and the residents family member or guests would create a hardship.
(c)The variance is the least deviation from the standards of this article necessary to accomplish the objectives of the applicant and/or the minimum necessary to afford relief;
While the upper deck platform is larger in area, the footprint and location of stairs will not change.
(d)Granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or creation of a nuisance.
Granting the variance to repair and not expand the footprint will not result in increased flood heights or additional threats to public safety.
(e)No variance shall be issued within any designated floodway that would cause any increase in flood levels during the base flood discharge.
The deck is not within the floodway.
The city’s code provides that variances may be issued if the development is necessary for the conduct of a functionally dependent use, provided the criteria of this article are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.
The development is repair work of an existing deck attached to the existing residential structure and is necessary for the use of the deck. Short of removing the deck altogether, there is no reasonable alternative. Any issued permit will require the application to take steps to minimize damage by requiring the use of flood resistant materials.
Recommendation: Approval of variance and apply for floodplain development permit.
Key points to consider when repairing residential structures, including decks, near or within a special flood hazard area:
1. Permit Requirement
Any repair or construction activity within or adjacent to an SFHA is considered development and requires a local floodplain development permit, even if the footprint is not expanded.
2. No Expansion Without Review
Repairs that do not expand the footprint of a deck or structure may be allowed, but must still be reviewed to ensure compliance with floodplain ordinances and do not increase flood risk
3. Use of Flood-Resistant Materials
Repairs must use flood-resistant materials if the structure is located within the SFHA. This helps reduce future damage and ensures compliance with National Flood Insurance Program (NFIP) standards. The city participates in the NFIP and has a rating of 6, which benefits residents with lower premiums.
4. Substantial Improvement
If the cost of repairs equals or exceeds 50% of the market value of the structure, it may be considered a substantial improvement, triggering requirements to bring the entire structure into compliance with current floodplain regulations (e.g., elevation above Base Flood Elevation).
6. Documentation and Inspection
Property owners may be required to submit site plans, elevation certificates, and other documentation. The city may conduct inspections to verify compliance.
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