CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Deny the request at 1821 Appaloosa Drive (PZC 17-1-095), for a deviation to allow a patio to encroach into the front yard setback.
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Kasey Evans, AICP
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered PZC 17-1-095 on November 1, 2017 and voted to recommend denial of the case (denied, 3-4). Staff concurs.
BACKGROUND:
The property is located on Lot 10 of the University Heights Unit 4 Planned Unit Development (PUD), which is located southeast of the intersection of 77th Street and Ranchview Drive, and is zoned R1B (Medium Density Single-family Residence District) PUD. The property is approximately 0.13 acres and is improved with an attached single-family home.
DISCUSSION:
The petitioners, Hany Tadorus and Marine Hana, request approval of a deviation to the University Heights Unit 4 PUD to allow a patio to encroach approximately 14.5' into the front yard setback on the subject property. The patio was constructed without a permit, as is allowed because it is less than 500 square feet in area; however, the patio is still required to comply with all applicable Building and Zoning Code regulations, such as setbacks. Staff learned about the existence of the patio through a Code Enforcement complaint. Some modifications have been made to the patio based on feedback from the Ranchview Estates Homeowners Association, but it continues to not comply with the City's regulations as further described below.
The University Heights Unit 4 PUD established setbacks for the development, including a platted front yard setback. The minimum front yard setback for the subject property is 20'. Per Municipal Code Section 6-2-3:3.2 (Yard Requirements) patios, decks and porches may extend up to 5' into the front yard setback. The existing home is setback 21' from the front property line, therefore a patio up to 6' deep would be permitt...
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