Laserfiche WebLink
#16-3884 <br />21 November 2016 <br />Page 2 of 2 <br /> <br />Discussion <br />The applicants have constructed a narrow pergola or arbor over the 11 foot long retaining wall <br />less than 2 feet from the side lot line, and detached from the home. Because pergolas are not <br />specifically defined in the Code staff reviewed the structure against the Accessory Structure and <br />Nonencroachment standards. <br /> <br />Accessory structures less than 750 square feet are addressed in the Nonencroachment <br />provisions under Sections 78-1405(a) 5 and 6 which state that no less than a 5 foot rear, and a <br />10 foot side setback shall be required for accessory structures. Alternatively, in an effort to find <br />an appropriate regulation, because the pergola is linear, and similar in design to a fence, staff <br />reviewed the fence standards within the Nonencroachment section. The pergola in the current <br />location would need to be reduced to no greater than 6 feet in height (the maximum height of a <br />fence) to meet the fence standards and remain in the current location. <br /> <br />The applicants contend that Section 78-1405(a)1 is applicable. Staff notes that this section <br />relates to building elements which are attached to the building, and are required to be at least 8 <br />feet from the lot line (for this zoning district). The pergola is 2 feet from the property line. The <br />Planning Commission must find that the arbor is consistent with those listed <br />nonencroachments, and the provision that the 2 foot maximum extension does not apply. <br /> <br />Action requested <br />The Planning Commission should review the application and make a decision regarding the <br />appeal.