CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the Ordinance approving a variance to Section 6-2-10:5 (Accessory Buildings, Structures, and Uses of Land; Percentage of Required Yard Occupied) to allow for an existing game court to remain at the subject property located at 2631 Sweetbroom Road, PZC 17-01-032.
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Gabrielle Mattingly
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered this matter on May 17, 2017 and voted to recommend approval of the case (Approved 7-0). Staff concurs.
BACKGROUND:
The subject property, 2631 Sweetbroom Road, is generally located on the north side of Sweetbroom Road, west of Chokeberry Drive and is zoned R1A (Low Density Single-Family Residence District). The property is approximately 0.25 acres and is currently improved with a single-family residence. The petitioner, Marji Szwaya, requests approval of a variance to Section 6-2-10:5 (Accessory Buildings, Structures, and Uses of Land; Percentage of Required Yard Occupied) to allow for an existing game court to remain at the subject property in excess of the 25% coverage permitted for detached accessory structures in the required rear yard.
DISCUSSION:
Section 6-2-10:5 permits detached accessory structures to cover a maximum of 25% of the required rear yard. The required rear yard is the area included within the 30’ required rear yard setback; for the subject property, the required rear yard is 2,400 square feet in size (30’ setback x 80’ lot width), thereby permitting a maximum of 600 square feet of detached accessory structures based on the 25% allowance.
The 753 square foot existing game court was constructed without a permit. Following review of the game court post-installation, staff determined that its coverage exceeds the maximum 25% coverage (600 square feet) allowed per code; as constructed the game court covers approximately 31% of the required rear yard. It should be noted that the game court complies with all other accessory structure requirements, including the required 5’ rear and side yard setbacks, height allowances, and required game court screening.
Staff has reviewed the proposal and found that the game court, given the lack of height, does not add any bulk to the required rear yard. Staff also found that ample screening has been provided around the game court. The petitioner provided letters of support from the surrounding property owners, these letters can be found in the attachments. Given these reasons, staff is in support of the requested variance, noting that any other future improvements to the required rear yard would require additional variances.
Findings of Fact
The petitioner’s responses to the Standards for Granting a Zoning Variance can be found in the attachments. Upon review, the Planning and Zoning Commission and staff agree with the petitioner’s Findings of Fact and recommend their adoption by the City Council.
Key Takeaways
§ The petitioner is requesting approval of a variance to allow for an existing game court on the subject property that exceeds the maximum 25% lot coverage in the required rear yard.
§ Staff is in support of the variance request given the minimal bulk of the game court and the substantial screening provided around the perimeter of the lot.
Planning and Zoning Commission Action
The Planning and Zoning Commission conducted the public hearing for PZC 17-1-032 at their meeting on May 17, 2017. No members of the public provided testimony. Following limited comments, the Planning and Zoning Commission moved to adopt the findings of fact as presented by the petitioner and approve PZC 17-1-032 (approved 7-0). Staff concurs with the Planning and Zoning Commission’s recommendation.
FISCAL IMPACT:
N/A