File #: 24-0935B    Version: 1
Type: Ordinance Status: Agenda Ready
File created: 8/22/2024 In control: City Council
On agenda: 9/17/2024 Final action:
Title: Pass the ordinance approving a variance from Section 6-2-10:5 to allow approximately 30.5% of the required rear yard to be occupied at 247 Claremont Dr. - PZC 24-1-069
Attachments: 1. Ordinance, 2. Exhibit A - Legal Description, 3. Exhibit B - Site Plan, 4. Exhibit C - Response to Standards, 5. Zoning Variance Form, 6. Civil Set, 7. Staff Conditions of Approval Signed by Homeowner, 8. HOA Approval, 9. Neighbor Support, 10. Public Comment August 8, 2024
Related files: 24-0935
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
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Pass the ordinance approving a variance from Section 6-2-10:5 to allow approximately 30.5% of the required rear yard to be occupied at 247 Claremont Dr. - PZC 24-1-069
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Brad Iwicki, Assistant Planner

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered PZC 24-1-069 on August 21, 2024, and recommended approval of the request (6-0). Staff concurs.

BACKGROUND:
The approximately 13,113 square foot subject property is located at the south side of Claremont Dr., between Jefferson Ave. to the north and Willoway Dr. to the east. The property is zoned R1A (Low Density Single-Family Residence District) and is improved with a single-family residence. Accessory structures that are currently existing in the required rear yard include an in-ground pool, spa, patio and free-standing pergola with a fireplace. The Property Owners and Petitioners are Nick and Jackie Hinz.

DISCUSSION:
The Petitioners seek approval of a variance to permit an existing pergola to remain on the property as illustrated on the site plan, following the addition of a pool and patio on the subject property. Per Section 6-2-10:5 (Percentage of Required Yard Occupied) of the Municipal Code, detached accessory structures are permitted to cover 25% or 480 square feet of the required rear yard, whichever is greater. Section 6-2-10:5 also provides that any unroofed brick paver or concrete patio which is less than 500 square feet in size shall be exempt from inclusion in this calculation. As such, the proposed site plan includes approximately 118 square feet of patio space that is exempt from the rear yard occupancy calculation.

For this property, the required rear yard is 30' and detached accessory structures are permitted to cover 25% or 618.25 square feet. The Petitioner is requesting approval of a variance to permit the existing pool, spa and patio, and the fre...

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