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May 14, 2019 <br />Page 2 <br /> <br /> <br />Following the public hearing, the Planning Commission ultimately voted to recommend <br />approval of the front setback variance for the stoop improvements, but denial of the variance <br />for side setback encroachment for patio, and denial of the variance to the impervious surface <br />standard. <br /> <br />To be noted is the issue raised by the side setback proposal. As noted in the staff report, the <br />City requires a five foot setback for a “patio”, which is defined by usage, but no setback for <br />sidewalk, which is undefined. Staff’s interpretation was that any surface greater than 5 feet in <br />width constituted a patio for usage purposes, rather than a sidewalk as the applicants originally <br />proposed. Modification of the applicant’s existing paved areas would need to occur to both <br />avoid the patio setback encroachment, and to meet the impervious surface standard. Denial of <br />these variances implies these modifications, which the applicants would have to demonstrate <br />to code enforcement staff. <br /> <br />The Planning Commission suggested that the sidewalk/patio discussion be included in a <br />discussion of potential zoning ordinance amendments, which the Commission will be convening <br />at a workshop meeting on May 21. <br /> <br />Staff has reviewed for height, yard setbacks, and other zoning standards; the request appears <br />to meet all other code requirements. <br />GENERAL INFORMATION <br />Applicant: Thomas and Lindsay Wernimont <br />Owner: Thomas and Lindsay Wernimont <br />Location: 2609 Pahl Avenue <br />Existing Land Use Low-Density Residential <br /> <br />Zoning: R-1 Single Family District <br /> <br />Surrounding Land North: Low-Density Residential / Zoned: R-1 Single Family District <br />Use / Zoning: East: Low-Density Residential / Zoned: R-1 Single Family District <br /> South: Low-Density Residential / Zoned: R-1 Single Family District <br />West: Low-Density Residential / Zoned: R-1 Single Family District <br /> <br />Deadline for Agency Application Complete Date: January 28, 2019 <br />Action: 60 Days: March 29, 2019 <br />Letter Sent: March 11, 2019 <br /> 120 Days: May 28, 2019 <br /> <br />ANALYSIS <br />1. Background <br />22