CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Deny the request for a variance from Section 6-6C-7:1 to allow a screened in porch to encroach into the rear yard setback at 1224 Stonebriar Court -PZC 18-1-078
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Gabrielle Mattingly
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered PZC 18-1-078 on October 17, 2018. The Commission voted to approve the request and the request was denied (1-4). Staff concurs with the PZC's recommendation of denial.
BACKGROUND:
The property is located on Lot 4 of the Hobson Villas, which is generally located northwest of the intersection of Wehrli Road and 75th Street, and is zoned R2 (Single Family and Low Density Multiple Family Residence District). The property is approximately 0.13 acres and is improved with a duplex and attached open-air deck.
DISCUSSION:
Planning and Zoning Commission
The public hearing before the Planning and Zoning Commission (PZC) was held on October 17, 2018. One member of the public, a Hobson Villas Board Member and one of the original owners, spoke in support of the request stating the Board approves and supports the screened in porch addition. The majority of the Commissioners found the request did not meet the standards for granting a zoning variance as there was no hardship on the property and voted against the request. Chairperson Martinez voted for the variance request, finding that the request met the variance standards. A motion was made to approve the variance request which failed (vote: 1 in favor; 4 opposed).
Staff Review
Currently, the subject property is improved with a duplex and an attached open-air deck that is located approximately 10' from the rear property line, encroaching 15' into the 25' rear yard setback. Per Section 6-2-3:3.2 of the Municipal Code, decks are permitted to encroach 10' into the rear yard setback. While permitted in conjunction with construction of the duplex in 2004...
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