File #: 19-847B    Version: 1
Type: Ordinance Status: Passed
File created: 9/5/2019 In control: City Council
On agenda: 10/1/2019 Final action: 10/1/2019
Title: Pass the ordinance approving a variance to permit a detached accessory structure to enclose the existing pool for the property located at 1291 Leverenz - PZC 19-1-087.
Attachments: 1. 1291 Leverenz -Ordinance -PZC 19-1-087, 2. 9.4.19 PZC Minutes DRAFT, 3. Exhibit A. Legal Description, 4. Exhibit B. Plat of Survey, 5. Exhibit C. Findings of Fact, 6. Exhibit D. Site Plan, 7. Application, 8. Location Map, 9. Elevations, 10. Architectural Plans, 11. Signatures
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
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Pass the ordinance approving a variance to permit a detached accessory structure to enclose the existing pool for the property located at 1291 Leverenz - PZC 19-1-087.

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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 September 4, 2019 and voted to recommend approval of the case (Approved 8,0). Staff concurs.

BACKGROUND:
The subject property, 1291 Leverenz Road, is generally located on the northwest side of Leverenz Road approximately 221 feet northeast of the intersection of Leverenz Road and Waupaca Court, and is zoned R1A (Low Density Single-Family Residence District). The property is approximately 0.23 acres and is currently improved with a single-family residence with an attached patio surrounding a detached, in-ground pool. The City issued a pool permit for the property in 1998 which precedes the current petitioners and owners, Dhimitraq and Monika Marko.

DISCUSSION:
Section 6-2-10:5 permits detached accessory structures to cover a maximum of 25% of the required rear yard. The required rear yard is the area included within the 30' required rear yard setback. For the subject property, the required rear yard is 2,075.26 square feet in size thereby permitting a maximum of 518.8 square feet of detached accessory structure area.

The existing pool was approved by the City in 1998. A portion of the pool's footprint encroaches into the required rear yard but does not exceed the 25% allowance. It should be noted unroofed patios under 500 square feet in size are exempt from inclusion in the rear yard coverage calculation. The petitioners are proposing to enclose the pool and a portion of the surrounding patio within a detached accessory structure. Due to maintaining a 4' gap between the walls of the proposed structure and the edge of pool, the structure's footprint in th...

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