CC WORKSESSION PACKET 07162019 - Laserfiche WebLink

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PATIO. A courtyard or other finished exterior ground surface open to the sky constructed of rock, brick, concrete, stone, or similar materials and commonly used for relaxation, socializing, or dining. Patios are included in a list of private improvements that are required to meet a minimum 5 foot setback from side and rear property lines. Sidewalks or walkways are not defined, nor are they required to meet any particular setback. As issue in the previous planning application was whether a paved concrete pad was a walkway or a patio. Staff proposed an interpretation for the purposes of dealing with the application in hand, but as noted by the Commission, the City would be well served with better definitions and more complete standards. As a part of the discussion, staff would propose the addition of the following definitions in Section 152.008 as a starting point: SIDEWALK: A paved path typically located in a public right of way, on publicly owned property, or a public easement that is open to members of the public traveling as pedestrians, and if designated, open to non-motorized wheeled traffic (such as bicycles or similar vehicles). The term Sidewalk may include public Trails or Pathways, or similar public improvements. WALKWAY: A hard-surfaced path (consisting of pavement, rock, stone, brick or pavers) located on private property for the purpose of providing internal access to occupants or visitors to the uses on or adjacent to the property. A Walkway shall be no greater than three (3) feet in width. Any surfaced area greater than three (3) feet in width shall be considered a “Patio”. In the Commission’s discussion, staff discussed a potential threshold of four feet, but the consensus was to use three feet as the limitation for private walkway. This dimension is adequate to accommodate most accessibility needs, which would be a minimum threshold for City regulation. The Commission also discussed a minimum setback for any paved “Walkway” of one foot. This space would allow for fence construction (which is allowed to be constructed within the setback as long as the fence is completely on the property of the fence owner). Section 152.77 provides for “Encroachments in Yards”. Selected exceptions to the normal setback requirements in this section include: (D)Steps, stoops, and porches which extend into a front yard not more than 5 feet; (E)Terraces, steps, stoops, uncovered porches, and patios which extend into a side yard not more than 5 feet and are not closer than 5 feet from any property line; (F)Breezeways, covered or uncovered porches, patios, steps, stoops, and picnic shelters in a rear yard which are not closer than 5 feet from any property line; As a part of this amendment, staff would propose the following additional exception, to read as follows: (K) Walkways, as defined in this ordinance, which do not encroach closer than one (1) foot to any side lot line, provided that the property owner controls drainage to avoid increasing stormwater impacts on adjoining property.