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2007-074 Council Resolution
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2007-074 Council Resolution
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Last modified
9/16/2021 8:45:00 PM
Creation date
10/7/2014 12:21:49 PM
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City Council
Council Document Type
Master List Resolution
Meeting Date
05/29/2007
Council Meeting Type
Regular
Resolution #
07-074
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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 encroachments <br /> on setback requirements subject to other conditions provided herein: <br /> a. All Yards. <br /> 2) Posts, flues, belt course, bay windows, leaders, sills, pilaster, <br /> eaves, gutters, awnings, open terraces, open canopies, chimneys, <br /> ornamental features, open fire escapes extending from the principal <br /> structure, provided they do not project more than three (3) feet into <br /> a required setback. <br /> 3) Uncovered porches, decks, balconies, stoops, or similar features <br /> provided: <br /> a. The decking shall not extend above the height of the floor <br /> of the ground floor level of the principal structure though <br /> railings may be higher, and <br /> b. They shall not extend to a distance less than five(5) feet <br /> from any side or rear lot line, and <br /> • C. They shall not extend to a distance less than twenty (20) <br /> feet of any lot line abutting a street, and <br /> d. They shall not extend to a distance less than one (1) foot <br /> from any existing or proposed access drive, and <br /> e. No encroachment shall be permitted in existing or required <br /> 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 /> Findings: <br /> State law requires the following finings to be made in order to grant the approval of a variance. <br /> • Staff has completed the findings in regards to the upland lot area reduction based on the revised <br /> submittal: <br />
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