Recommendation
Staff recommends that this ordinance be introduced and adopted at the meeting of June 9, 2008. If Mayor and Council wish to introduce the ordinance and proceed to adoption at the same meeting, the ordinance should first be introduced, then a motion should be made to waive the layover period. If the motion to waive the layover period is approved by an affirmative vote of four members of the Mayor and Council, you may then proceed to move to adopt the ordinance. If the Mayor and Council do not approve the waiver of the layover, then the ordinance will be introduced at this meeting and action taken at the next Mayor and Council meeting.

Change in Law or Policy
This change to Section 25-1 of the Zoning Ordinance will allow front porches to extend into the front yard setback area.

Discussion
The proposed text amendment would allow porches to extend into the front and rear setback areas up to 12 feet. The Planning Commission recommended that the text amendment be modified to allow the encroachments only in the front yard, as recommended by the planning staff. There were no speakers at the public hearing. At the Discussion and Instruction session on May 12, 2008 the Mayor and Council directed staff to prepare an ordinance to adopt the version of the amendment as recommended by the Planning Commission.

Mayor and Council History
The Mayor and Council held a public hearing on this text amendment on April 21, 2008. A Discussion and Instruction session was held on May 12, 2008.

Public Notification and Engagement
Notice of the hearing was published in the local newspapers. Notice was also sent via electronic network to all of the civic associations and homeowner's associations on the City's neighborhood contact list.

Boards and Commissions Review
The Planning Commission reviewed this proposed text amendment at their meeting on April 9, 2008. The Commission recommended approval of the text amendment with a modification recommended by the staff to limit the encroachments to the front yard only. Their recommendation is attached.

Attachments
AttachA - Proposed Ordinance
AttachB - Memo from Planning Commission
AttachC - Staff report to Planning Commission
AttachD - e-mails received prior to Planning Commission review
AttachE - e-mails received for hearing record

Department Head:



Susan Swift, Director of Community Planning and Development Services
Approved on: 05/29/2008

City Manager:

Scott Ullery, City Manager
Approved on: 06/02/2008