Title
An appeal of the Planning Commission's denial of an appeal of an administrative approval of a non-use variance to allow a 2.3 foot side yard setback where 5 feet are required, located at 5675 Majestic Drive.
Quasi-Judicial
Body
From:
Peter Wysocki, Planning and Development Director, Planning and Development Department
Summary:
This is an appeal of the Planning Commission's action to deny the appeal of an administrative decision to approve a non-use variance to allow a 2.3 foot side yard setback where 5 feet are required.
Previous Council Action:
None
Background:
Upon learning of the appeal of Planning Commission's decision, the original applicant - Scott Hente of Robert-Scott General Contractors, Inc. - requested that City Council postpone the hearing to the October 13, 2015 Council meeting. On September 22, 2015 City Council unanimously postponed the hearing as requested.
In July of 2015 Planning Staff administratively approved a side yard setback variance allowing a 2.3 foot side setback where 5 feet are required in the Parkside at Mountain Shadows PUD zone. The variance allowed the existing single-family home foundation to remain in place as constructed. The adjacent neighbor to the east appealed the administrative approval to the City's Planning Commission. The Planning Commission staff report provides additional detail on the original application and the neighbor's appeal.
Financial Implications:
Not applicable.
Board/Commission Recommendation:
At their meeting on August 20, 2015 the Planning Commission failed to approve the appeal of Staff's administrative approval with a vote of 3-3. The fact that a majority of the Planning Commissioners did not support the appeal resulted in a denial.
Stakeholder Process:
Planning Staff contacted the neighboring property owner (the appellant) and the Home Owner Association representative via phone shortly after the application was submitted. Pri...
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