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April 16, 2019 Page 5 (1) Current Conditions. The applicants have constructed a paved walkway within the existing side yard on the east side of the house, an area that is 11.2 feet wide between the house and the property line. As constructed, this paved area is widened to approximately 10 feet, extending to within 1.2 feet of the side property line. At this location, staff would interpret the paved space to be a “patio”, under the definition in the code, even though it includes a walkway function. At 10 feet in width, it would also accommodate the recreational uses noted in the definition. As such, it is staff’s interpretation that any space that is greater in width than a typical residential walkway improvement must maintain a 5 foot setback from the side property line. The purposes of the setback for such uses are many. The setback accommodates a reasonable separation of activities that may impact a neighboring property. Patios allow for sustained activity, whereas a sidewalk is utilized only intermittently, making separation more important for patio areas. Because of the possibility of sustained activity, the setback area accommodates the possibility of screening or buffering – including fencing and/or landscaping - that can increase privacy. The setback also helps accommodate the additional drainage and runoff that would be common with a larger paved area, a condition that would not be as significant an issue with a narrower sidewalk. As developed, the applicants have numerous alternative locations for patio space to the proposed side yard encroachment. An outdoor entertainment space could be developed and accessible to the steps and landing being proposed adjoining the porch toward the rear of the property, rather than the side, and easily meet or exceed the five foot setback requirement. Finally, judging by aerial photography, side-yard patio encroachments do not appear to be common in the neighborhood. It is difficult to imagine that a patio with the encroachment proposed by the applicant would be necessary to make reasonable use of the property. (2) Amended Site Plan. Since the time of the hearing notice, staff and the applicants discussed alternatives to the existing condition by variance. The limits of the improvements suggested by staff include the allowance for a sidewalk (a paved improvement that is no greater than 5 feet in width), which is not subject to setback requirements, or patio design (a paved improvement which is wider than a sidewalk) which meets the setback. The applicants then submitted a modified plan that removes much of the paved area currently encroaching into the setback (measured as a 1.2 foot setback as noted above). In this plan, the applicants would cut a series of sections from the existing pavement to limit the width of said pavement to 4.9 feet or less in