Laserfiche WebLink
<br /> <br />As noted below, the Commission’s consensus was to allow an encroachment into the typical 5 <br />foot setback with a 3 foot wide walkway, and a minimum setback requirement of 1 foot. We <br />have cited some of the existing code language for reference, and highlighted the proposed <br />language in redline. <br /> <br />Sidewalks, Walkways, and Patios. <br />As the Planning Commission has observed, and as discussed as part of a Council <br />application issue recently, this item is rooted in lack of definition in the current Zoning <br />Ordinance related to private property improvements that can be confused with other <br />improvements that are both defined and regulated. Specifically, the zoning ordinance <br />defines “Patios” as: <br />PATIO. A courtyard or other finished exterior ground surface open to the sky <br />constructed of rock, brick, concrete, stone, or similar materials and commonly <br />used for relaxation, socializing, or dining. <br />Patios are included in a list of private improvements that are required to meet a <br />minimum 5 foot setback from side and rear property lines. <br />Sidewalks or walkways are not defined, nor are they required to meet any particular <br />setback. As issue in the previous planning application was whether a paved concrete <br />pad was a walkway or a patio. Staff proposed an interpretation for the purposes of <br />dealing with the application in hand, but as noted by the Commission, the City would be <br />well served with better definitions and more complete standards. <br />As a part of the discussion, staff would propose the addition of the following definitions <br />in Section 152.008 as a starting point: <br />SIDEWALK: A paved path typically located in a public right of way, on <br />publicly owned property, or a public easement that is open to members of the <br />public traveling as pedestrians, and if designated, open to non-motorized wheeled <br />traffic (such as bicycles or similar vehicles). The term Sidewalk may include <br />public Trails or Pathways, or similar public improvements. <br />WALKWAY: A hard-surfaced path (consisting of pavement, rock, stone, brick <br />or pavers) located on private property for the purpose of providing internal access <br />to occupants or visitors to the uses on or adjacent to the property. A Walkway <br />shall be no greater than three (3) feet in width. Any surfaced area greater than <br />three (3) feet in width shall be considered a “Patio”. <br />In the Commission’s workshop discussion, staff discussed a potential threshold of four <br />feet, but the consensus was to use three feet as the limitation for private walkway. This <br />dimension is adequate to accommodate most accessibility needs, which would be a <br />minimum threshold for City regulation. The Commission also discussed a minimum <br />setback for any paved “Walkway” of one foot. This space would allow for fence <br />construction (which is allowed to be constructed within the setback as long as the fence <br />is completely on the property of the fence owner).