CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving a variance to allow a deck to encroach into the rear yard setback at 2255 Lotus Ct. - PZC 24-1-113
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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 24-1-113 on November 20, 2024 and recommended approval of the request (approved 7-0). Staff is in support of the variance request and recommends approval of the request.
BACKGROUND:
The property is located at the south end of Lotus Court in the Walnut Hill subdivision, which is generally located southwest of the intersection of Wehrli Road and 87th Street and is zoned R1A (Low Density Single-Family Residence District). The property is approximately 14,902 square feet and is improved with a single-family residence.
DISCUSSION:
The subject property is located in the R1A zoning district. Per Section 6-6A-7:1 of the Municipal Code, the R1A zoning district requires a 30-foot rear yard setback for this property. The Code, Section 6-2-3:3.2 provides an allowance for patios, decks, and porches to extend up to ten feet into the required rear yard setback. This results in a 20-foot permitted rear yard setback for an attached deck at the subject property.
The existing deck on the subject property is in the rear of the home and non-conforming with the Code since the deck is approximately 18 feet from the rear property line. The Petitioner, Renovation Creations, LLC, represented by Joel Kristianson, on behalf of the property owners, H Brent Pemberton and Indre Pemberton, is proposing to modify the existing deck, expanding the footprint and bringing the encroachment into the rear yard setback five feet beyond the ten-foot permitted allowance. The proposed deck design is irregularly shaped to avoid impacting mature trees on site. The variance request is to allow for the deck to encroach an additional three feet com...
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