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1 Thc permitted/approved deck project has been acknowledged by the Planning Department <br /> 2 to violate the setback requirements of EMC 39.150(c)2,that places a maximum allowable heighl <br /> 3 of 36 inches for dccks as an exception to the 5 fcet setback,stating in relevant pari"a deck which is <br /> 4 not nighcr than thirty-six inchcs above gradc may extend into a requited side yard up to the lot <br /> 5 linn." The deck has becn professionally survcyed as being above the maximum allowable height <br /> 6 within the rcquired side setback(see survey by A.S.P.I.). <br /> 7 It is anlicipatcd that thc respondents may argue thal this is only a"small"or"minor" <br /> 8 violation. Such sub��ctive modificrs and personal opinions of gravity of a violation are irrelevant. <br /> 9 The very purpose of laws containing ma�cimums and minimums is to set slandanls and <br /> 10 rcquircments that are not subjective or detertnined at whim such that the laws can be evenly <br /> I 1 applied. Laws including m�imum and minimum requiremcnts have specifically detertnined what <br /> 12 is aeslhetically plcasing,desirable to thc living environment of lhe surrounding properties,and <br /> 13 what requircments cxist to rcgulate thc location of setbacks and to regulate the location, bulk, size <br /> 14 and dcsign of structures such that azbitrary opinions do not result in uneven application of thc laws. <br /> 15 7'he purpose of such royuirements is given in chapter I of GMC tiUe 19. <br /> 16 1 f all irrclevant modifiers are rcmovcd, thc Planning Dcpartment's response on this <br /> 17 violation of EMC 39.150(c) 2 rcads,"I�hc Icttcr acknowledged that the deck is grcater than 36 <br /> 18 inches above gradc. .\s such this codc violation will not be enforced because it constitutcs a <br /> 19 violation. This condition constitutcs a part of thc dcck excccding thc pertnitted height. Thc area <br /> 20 cxcceding the pemiitted hcight cxcccds thc Ex;rmittcd hcight." <br /> 21 '17�c deck excecds the �;rmitted hcight within a side setback and is in violation of the law. <br /> 22 <br /> 23 <br /> 24 <br /> AILMORANUUM OI�AI'PGI.I.AM'S'AR(iUMI'N1'�NU Canic D��wattu;3225 S�ioaE Avf GVFJtE1T,R'A 9A203 <br /> zs AUfIlORI1YAND/URSUI'PLGMIiNT7'OMI:MORAN;)UM-9 QS•357-7120 <br /> of li <br /> EXHIBIT # <br /> PAG E�F�� <br />