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05/09/2007 P&Z Packet
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05/09/2007 P&Z Packet
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P&Z
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P&Z Packet
Meeting Date
05/09/2007
P&Z Meeting Type
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• <br />• <br />• <br />The Zoning Ordinance also allows encroachments into setbacks for certain types of construction. <br />The encroachment section allows the following: <br />Permitted Yard Encroachments. The following shall not be considered as <br />encroachments on setback requirements subject to other conditions provided <br />herein: <br />a. All Yards. <br />2) Posts, flues, belt course, bay windows, leaders, sills, <br />pilaster, eaves, gutters, awnings, open terraces, open <br />canopies, chimneys, ornamental features, open fire escapes <br />extending from the principal structure, provided they do not <br />project more than three (3) feet into a required setback. <br />3) Uncovered porches, decks, balconies, stoops, or similar <br />features provided: <br />a. The decking shall not extend above the height of the <br />floor of the ground floor level of the principal structure <br />though railings may be higher, and <br />b. They shall not extend to a distance less than five (5) <br />feet from any side or rear lot line, and <br />c. They shall not extend to a distance less than twenty <br />(20) feet of any lot line abutting a street, and <br />d. They shall not extend to a distance less than one (1) <br />foot from any existing or proposed access drive, and <br />e. No encroachment shall be permitted in existing or <br />required drainage and utility easements. <br />Because the proposed porch addition includes a roof structure and support posts, requirement 2 <br />above does not allow it to encroach into a setback by more than 3 feet. If uncovered, the porch <br />could encroach up to 10 feet as shown under number 3.c. above. The variance is essentially for <br />the 1.5 feet of additional encroachment that would be required for the proposed improvement. <br />As such, staff considers the encroachment to be a 1.5 foot encroachment of the 27 feet <br />(considering the 3 foot allowance from number 2 above) meaning the encroachment would be <br />roughly 5 percent. <br />Additionally, the existing detached garage that was being removed for the project was <br />encroaching into the front setback and therefore the project is eliminating an existing non- <br />conformity. <br />
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