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Miftir D FILEM3-29S0 <br />November 7. 2003 <br />Page 1 of 0 <br />Date Application Received: 09-02-03 <br />Date Application Considered as Complete: 11-04-03 <br />60-Day Review Period Espires: 01-04-03 <br />To:Chair Smith and Planning Commission Members <br />Ron Moorse, City Administrator <br />From: <br />Date: <br />Melanie Foth, City Planner <br />November 7,2003 <br />Subject:03-2950, David & Theresa (Tara) Gross, 2635 Countryside Drive, <br />- Variance <br />- public hearing <br />Zoning District: <br />Lot Area: <br />RR'IB, Single Family Rural Residential (2 acre) <br />2.047 acre (89,189 s.f.) <br />Application Summary: The applicants are requesting an after-the-fact variance in order <br />to allow a 2380 s.f. sport court within 6* of the side lot line where 30’ is required.______ <br />Staff Recommendation: Planning Department Staff recommends the following: <br />Denial of the after-the-fact side setback variance request. <br />Hardship: Planning Staff does not find a hardship to justijy the granting of the after-the- <br />fact variance for this situation for the following reasons: <br />1. A smaller sport court could have been constructed within the required setbacks, or <br />2. The existing court could have been constructed in an alternate location meeting the <br />Code. <br />Pertinent Ordinance Sections <br />Chapter 86 Buildings and Building Regulations <br />Sec. 86-66. Required. <br />It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, <br />remove, convert, or demolish any building or structure, or any part or portion, including <br />but not limited to the general construction, plumbing, water well, on-site sewage <br />treatment system, wood stoves and fireplaces, ventilating, heating or air conditioning <br />systems, or cause such work to be done, without first obtaining a separate building or <br />general permit for each such building, structure or separate component from the citv. <br />(Code 1984, § 12.02) <br />Chapter 78 Zoning Regulations <br />Sec. 78-1404. Tennis courts, pools, paddocks, arenas. <br />Tennis courts, pools and paddocks or arenas, when such accessory stmetures <br />exceed 1,000 square feet footprint area, shall be subject to the following special setback <br />restrictions: <br />(I) Front, 30 feet minimum and not within the required front yard nor <br />i <br />i <br />i------------dk