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#16-3884 <br /> 21 November 2016 <br /> Page 2 of 2 <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 /> 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 /> 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 /> Action requested <br /> The Planning Commission should review the application and make a decision regarding the <br /> appeal. <br />