File #: 17-444    Version: 1
Type: Ordinance Status: Agenda Ready
File created: 5/25/2017 In control: City Council
On agenda: 6/6/2017 Final action:
Title: 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.
Attachments: 1. Ordinance, 2. Exhibit A - Legal, 3. Exhibit B - Plat of Survey, 4. Exhibit C - Findings of Fact
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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 shoul...

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