CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving a variance to Section 6-2-10:6 for the property located at 1516 Mya Court - PZC 20-1-112
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Gabrielle Mattingly, Community Planner
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission (PZC) reviewed PZC 20-1-112 on January 6, 2021 and provided a positive recommendation (approved 6,0). Staff concurs.
BACKGROUND:
The 12,538-square foot vacant subject property is zoned R1A (Low Density Single Family Residence District). The property is known as Lot 1 of the 77th Street Project development which was approved by the City Council on August 18, 2020 as a ten-lot subdivision (Final Subdivision Plat Approval Ord. 20-080). The subject property is generally located east of Wehrli Road, just north of 77th Street and has a common street address of 1516 Mya Court.
The petitioners, Adam and Heather Tritt, currently reside at 1520 Mya Court which is the single-family lot east of the subject property (Lot 17 of the Lizzadro Subdivision). The petitioners purchased 1516 Mya Court in December 2020 and are requesting approval of a variance to allow for construction of a game court and a shed on the vacant lot without a principal structure. In order to construct these accessory structures, a variance to Section 6-2-10:6 (Accessory Buildings, Structures, and Uses of Land: Time of Construction) of the Municipal Code is required.
DISCUSSION:
The owners and petitioners intend to use the vacant lot for open space amenities. Municipal Code provision 6-2-10:6 states that accessory structures cannot be constructed prior to the establishment of the principal structure. Accessory structures by definition are intended to be incidental to the principal use. Therefore, construction of the proposed accessory structures requires approval of a variance.
The proposed game court is a 65' by 40' concrete slab (2,600 sf) and the shed is ...
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