Planning and Zoning Commission - Regular Meeting

All right. I'd like to call the Planning and Zoning Commission meeting for 05/20/2026 to order. Secretary Wright, please conduct a roll call. Abou Baker? Present. Banzl? Here. Castagnoli? Here. Langenbaugh? Here. McDaniels? Here. Names? Here.

And Wright is here. Chair, we have a quorum.

Thank you. Before we move on, I'd like to recognize Commissioner Carl Rockelia. This is his last meeting on the Planning and Zoning Commission. He's served two terms of, I guess, six years. He's not able to be here this evening, but we do want to thank him for his service and his dedication, and look forward to seeing him when he's back in town. Public forum. First order of business tonight is public forum. During public forum, members of public have the opportunity to address Ponton Zoning Commission on issues which are not part of tonight's agenda. Please keep your comments limited to three minutes. Also, the sake of all those in attendance, please refrain from clapping or shouting out in response to comments made by any speaker. Secretary Wright, do we have anyone signed up for public forum?

No one here tonight.

All right. Next order of business is public hearings. We have one public hearing scheduled for tonight's meeting. For each hearing, we will begin with staff presentation or introduction followed by the petitioner's presentation. We will then take public testimony. To ensure that we have an opportunity to hear from each person wishing to speak, please keep your comments specific to the request under consideration and try to avoid repetitive comments. Also, for the sake of all those in attendance, please refrain from clapping or shouting out in response to comments made by any speaker. Following all public testimony, the petitioner will provide closing remarks just prior to the closure of the public hearing. No further public testimony will be taken after the petitioner begins their closing remarks or during the Planning and Zoning Commission's deliberation. I will now swear in any member of the public wishing to speak.

Those of you who wish to provide testimony, please stand up, please raise your right hand, and respond, I do. I swear to tell truth, the whole truth, and nothing but the truth. Thank you. You're married. Wrong, wrong, wrong one. Okay, wrong script. The only case on tonight's agenda is DEV seventeen twenty twenty six. The public hearing is now open. Theresa Egner from staff will present the case.

Thank you and good evening. Therese Egner with the city's planning services team. DEV 00172026 is a request submitted by the petitioner for approval of a variance to allow a deck to encroach into the rear yard setback at 501 Larkspur Court. The subject property is zoned r one a, low density single family residence district, and is approximately 13,017 square feet in size, and is improved with a single family residence and existing deck. The property is a corner lot located on the Northeast side of Braemar Avenue and Larkspur Court.

Per the R 1 a zoning district regulations, the property has a rear yard setback of 25% of the lot depth, which need not exceed 30 feet. Based on this provision, the subject property has a 28.65 foot required rear yard setback. The code provides an allowance for patios, decks, and porches to extend up to 10 feet in the required rear yard setback. This results in an 18.65 foot permitted setback from the rear property line for attached decks at the subject property. An attached deck currently exists on the subject property in the rear of the home located in the same footprint as the proposed deck.

The existing deck is currently set back 16 feet four inches from the rear property line and is considered existing nonconforming as it currently does not comply with a 10 foot allowance into the required rear yard. The petitioners and property owners are proposing to remove the existing deck and replace it with a composite deck, triggering the need for a variance. The petitioners and property owners are requesting approval of a variance to allow the proposed deck to encroach 12 feet four inches into the 28.65 foot required rear yard setback two feet and four inches further than permitted. If approved, the deck will be replaced to remain in its existing location on the subject property. Staff is in support of the variance due to the unique lot configuration and finds the purpose of the yard requirements is to prevent the overcrowding of land and to preserve sight lines and the open nature of the rear yard.

The proposed on roof deck maintains an open rear yard and will not exceed its existing footprint. Staff now request you conduct the public hearing, and I will remain available for questions.

Thank you. Will the petitioner please approach the podium? Good evening.

Is there is there a full view? How do I get it? The screen? Well, I don't oh, there we go. We can we can do it from this, I guess. Is there Where's the presentation? Think up at the top. There it is. There you go. Okay. So this is a deck. Again, I'm Vince Popularto. I own the property. Thank you for coming because you came just for me, right? I appreciate the time. I really do. Well, I joke, you know, that we were trying to replace the deck that was there when we bought it. We moved into the house 2022. So it's been there for about twenty four years. I think it's twenty five or thirty years old.

Obviously, I'd tell you we've never had a complaint. What's really interesting about this and so I put this up here and I wonder if I can point. So the part that is at issue is actually just this little corner here. The two feet is this direction. And because the angle of the house to the back property line, it's not even, you know, it's that amount kind of in the the back.

So it's really not a lot. And the reason we're we're sitting here is you'd have to change your landscaping and have a the deck people want a design fee if you change the way that how big the deck is because now they have to figure out where the footings go and stuff like that. So it really, you know, it's not a lot of space, but it ends up being more cost than coming here and hassling you guys for an evening. So appreciate it. This is the deck. This is the part that we're talking about that actually overlaps. And then the sidewalk view is over here. And we're talking about this area right here. But again, we didn't build this deck. We're here because we get permits.

Apologize if the prior owner didn't or if it got lost or what. But it apparently, given the lot size and the angles, it means that it's two feet at the corner a little bit beyond where it should be. I think that's about all I've got for you. So if you've got questions, love to handle them.

All right. Thank you very much. I'd like to hear from any members of the public present tonight to speak on this case. Secretary Wright, please call our first speaker.

No one's here.

All right. Are there any members of the public that would like to speak on this case? I don't think we do. Do any commissioners have any questions on the case? Please note that questions may not be directed to the petitioner or members of the public after the closure of the public hearing. Further comments should be saved for deliberations, which will occur after closure of the public hearing. Any commissioners have any questions? Commissioner Lagerbaugh.

Why, thank you, Chair. So just to confirm, I went up there. I mean, this is not going to be an issue at all but you're basically just doing the exact same footprint of this thing but just different material. That's it. Exactly. That's what

I thought. It's 30 years old and it's starting to get holes.

Yeah, that's what I thought. Good. Thank you.

Okay. Commissioner Wright.

Thank you, Chairman. And this is really more of an educational piece for anyone that might be watching. I just want to, because you made a couple comments that I think are important. The deck was already there. That doesn't necessarily mean that we would approve it. And the fact that there's additional potential additional construction costs, that would also not be a necessary reason for us to prove. We would approve it more because of the hardship that it creates in the sidelines and the overcrowding of land. That's what we would really look at as the hardship. So I don't see any problems with this one, I just wanted to educate the public that those are the things that we would be looking for.

Thank

you Commissioner Wright. Would the petitioner like to make any closing remarks?

I think we're good. All right.

Okay, so now I'll entertain a motion to close the public hearing for DEV zero zero one seven two zero two six. So moved.

Second.

All in favor?

Aye.

Opposed? Motion carries. Do any commissioners have any comments on the case? As a reminder, if you intend to recommend denial of the case, please state your reason why. No? Okay. So I'd like to make a motion to adopt the findings of fact as presented by the petitioner. Am I doing that? I don't want to steal your thunder. I apologize. Commissioner Longabaugh, would you please read the motion?

Thank you, chair. I would like to make a motion to adopt the findings of fact as presented by the petitioner and recommend approval of DEV seventeen twenty twenty six, a variance to allow a deck to encroach into the required rear yard for the property located at 501 Larkspur Court.

Can I have a second?

Second.

Okay. Secretary Wright, conduct a roll call.

Abelbeger? Yes. I'm sorry. Abelbeger is a yes. Abonso?

I agree. Castagnoli? I approve. Longenbaugh? Agree with the motion. McDaniel? I agree. Names? Agree.

Right, I agree. Motion passes seven zero.

Okay, thank you very much.

Okay,

next is approval of the minutes for 04/15/2026, Planning and Zoning Commission meeting. Do we have any corrections to the minutes? No corrections? Okay. I'd like to entertain a motion to approve the minutes of 04/15/2026, Planning and Zoning Commission meeting. So moved. Second. All in favor?

Aye.

Opposed? Alright, motion carries. Any old business? Any new business? Okay, I'd like to entertain a motion to adjourn the meeting. So moved. Second. All in favor?

Aye.

Opposed? All right, it's been adjourned. Thank you.