05/29/2007 Council Packet - Laserfiche WebLink

Home Search

The Zoning Ordinance also allows encroachments into setbacks for certain types of construction. The encroachment section allows the following: Permitted Yard Encroachments. The following shall not be considered as encroachments on setback requirements subject to other conditions provided herein: a. All Yards. 2) Posts, flues, belt course, bay windows, leaders, sills, pilaster, eaves, gutters, awnings, open terraces, open canopies, chimneys, ornamental features, open fire escapes extending from the principal structure, provided they do not project more than three (3) feet into a required setback. 3) Uncovered porches, decks, balconies, stoops, or similar features provided: a. The decking shall not extend above the height of the floor of the ground floor level of the principal structure though railings may be higher, and b. They shall not extend to a distance less than five (5) feet from any side or rear lot line, and c. They shall not extend to a distance less than twenty (20) feet of any lot line abutting a street, and d. They shall not extend to a distance less than one (1) foot from any existing or proposed access drive, and e. No encroachment shall be permitted in existing or required drainage and utility easements. Because the proposed porch addition includes a roof structure and support posts, requirement 2 above does not allow it to encroach into a setback by more than 3 feet. If uncovered, the porch could encroach up to 10 feet as shown under number 3.c. above. The variance is essentially for the 1.5 feet of additional encroachment that would be required for the proposed improvement. As such, staff considers the encroachment to be a 1.5 foot encroachment of the 27 feet (considering the 3 foot allowance from number 2 above) meaning the encroachment would be roughly 5 percent. Additionally, the existing detached garage that was being removed for the project was encroaching into the front setback and therefore the project is eliminating an existing non- conformity. Findings: State law requires the following finings to be made in order to grant the approval of a variance. Staff has completed the findings in regards to the upland lot area reduction based on the revised submittal: • • •