PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Conduct the public hearing to consider a major change to the University Heights Unit 2 PUD to permit a deviation to the corner side yard setback on the subject property located at 1740 Rutgers Court - PZC 19-1-069
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Erin Venard
BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC 19-1-069 was published in the Daily Herald on July 22, 2019.
BACKGROUND:
The petitioner, Tiffany Jasionowski, requests approval of a major change to the University Heights Unit 2 PUD in order to permit a deviation to reduce the corner side yard setback for an existing above ground swimming pool.
Located at the southeast corner of Rutgers Court and Auburn Avenue, the subject property has a common address of 1740 N. Rutgers Court. The subject property is 9,555 square feet in size, is zoned R1B PUD (Medium Density Single-Family Residence District) is currently improved with a single-family residence. The property is a corner lot with Rutgers Court functioning as the front property line and Auburn Avenue as the corner side property line.
The subject property was recorded in 1979 as Lot 478 in University Heights Subdivision Unit 2 with a 20' platted building line along the front and corner side property lines. Ordinance #79-133 approved the planned unit development and reduced setbacks for the subdivision. One of the variances granted as part of the PUD is a minimum corner side yard setback of 10'.
DISCUSSION:
In March of 2019, the petitioner applied for a building permit to construct an above ground swimming pool. The permit application depicted the proposed pool sited in compliance with the 10' corner side yard setback and the 20' platted setback; the permit was approved. During the required permit inspection, staff discovered that the pool was not in the location shown on the application and did not meet the required ...
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