PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Conduct the public hearing to consider a variance to Section 6-2-10:6 for the property located at 1516 Mya Court - PZC 20-1-112
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Gabrielle Mattingly, Community Planner
ENTITLEMENTS REQUESTED:
A variance to Section 6-2-10:6 (Accessory Buildings, Structures, and Uses of Land: Time of Construction) of the Municipal Code is required in order to construct a game court and shed on the property located at 1516 Mya Court without a principal structure.
BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC 20-1-112 was published in the Daily Herald on December 21, 2020.
BACKGROUND:
The 12,538-square foot vacant subject property is zoned R1A (Low Density Single Family Residence District). The property is known as Lot 1 of the 77th Street Project development which was approved by the City Council on August 18, 2020 as a 10-lot subdivision (Final Subdivision Plat Approval Ord. 20-080). The subject property is generally located east of Wehrli Road, just north of 77th Street and has a common street address of 1516 Mya Court.
The owner of the subject property is Wehrli Place LLC. The petitioners, Adam and Heather Tritt, currently reside at 1520 Mya Court which is the single-family lot east of the subject property (Lot 17 of the Lizzadro Subdivision). The petitioners are under contract to purchase 1516 Mya Court and are requesting approval of a variance in order construct accessory structures on the vacant lot without a principal structure.
DISCUSSION:
The petitioners intend to purchase 1516 Mya Court and use the vacant lot for open space amenities. Municipal Code provision 6-2-10:6 states that accessory structures cannot be constructed prior to the establishment of the principal structure. Accessory structures by definition are intended to be incidental to the principal use. Therefore, construction of the p...
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