File #: 19-714B    Version: 1
Type: Ordinance Status: Passed
File created: 7/19/2019 In control: City Council
On agenda: 8/20/2019 Final action: 8/20/2019
Title: 1. Concur with the petitioner and the Planning and Zoning Commission and pass the ordinance approving a variance to permit an enclosed porch and an attached patio to encroach into the required rear setback at the subject property located at 1322 N. Eagle Street, subject to certain conditions; or 2. Concur with staff and deny the request for a variance to permit an enclosed porch and an attached patio to encroach into the required rear setback at the subject property located at 1322 N. Eagle Street - PZC 19-1-066.
Attachments: 1. 7.17.19 PZC Minutes DRAFT, 2. 1322 Eagle Ordinance, 3. Exhibit A-Legal Description, 4. Exhibit B-Site Plan, 5. Exhibit C-Standards, 6. Location Map, 7. Petition, 8. Pictures of Existing, 9. CC Public Comment
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
1. Concur with the petitioner and the Planning and Zoning Commission and pass the ordinance approving a variance to permit an enclosed porch and an attached patio to encroach into the required rear setback at the subject property located at 1322 N. Eagle Street, subject to certain conditions; or

2. Concur with staff and deny the request for a variance to permit an enclosed porch and an attached patio to encroach into the required rear setback at the subject property located at 1322 N. Eagle Street - PZC 19-1-066.

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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Scott Williams, AICP

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered this matter on July 17, 2019. The Commission voted to reject the request as recommend by staff which failed (vote: 4 in favor; 5 opposed). Should City Council recommend approval of the variance requests, staff recommends adopting the condition of approval provided in the ordinance.

BACKGROUND:
The subject property is generally located on the east side of N. Eagle Street approximately 150 feet north of 13th Avenue and is zoned R1B (Medium Density Single-Family Residence District). The property is approximately 0.14 acres and is improved with a single-family detached structure. The house was granted occupancy in March of 2017. The petitioner, Bear Hoyer, constructed the enclosed porch and attached patio thereafter without a permit. City staff was notified as to the existence of the porch and patio during the review of a variance requested for similar improvements at 1331 N. Webster Street

DISCUSSION:
Planning and Zoning Commission
The Planning and Zoning Commission considered this matter at their meeting on July 17, 2019. No member of the public spoke about the petition. The Planning and Zoning Commission inquired about the depth of the foundation. Staff responded that both structures have been inspected and architectural plans...

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