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June 25, 1997 Plan Commission Minutes Page 3 parking and loading areas in accordance with the standards contained in the Zoning Code. The Chairperson called upon the applicant. Carol Kirk stated that she and her husband wished to add a porch to the rear of their home at 929 Barnard College. They were turned down for a building permit because the conditional use permit allowing single family detached homes in the subdivision did not permit construction in the rear yard. Mrs. Kirk read into evidence a memo dated November 22, 1996. Mr. Kirk added that the porches would raise property values and increase the usage and enjoyment of the rear yards. The homes are most enclosed by fences and the addition would not even be visible from outside the yards. Chairperson Solodar called on Zoning Administrator, Frank Hill to provide the staff report. Mr. Hill stated that the University Place Subdivision was approved in 1988 under site plan review #1202 with a mix of single family detached and attached homes. Single family detached homes require a conditional use permit in that district and the current configuration was approved under CUP #266(A) with later amendments to add additional lots. The conditional use permit specifically approved the existing lot layouts with small unobstructed rear yards. The applicants wish to construct a 182 square foot porch enclosure in the rear yard of their single family detached home located at 929 Barnard College. They were informed that the construction would violate the approved lot layouts for open space in the rear yard as required under Conditional Use Permit #266. They have filed an application for amendment to the Conditional Use Permit in order to allow the porch enclosures. Since the proposal affects the subdivision as a whole, the Kirks had to obtain approval of the amendment from the subdivision trustees and represent them in this hearing. University Place Subdivision was developed with the single family detached dwellings having very small rear yards. This was permitted in part because of the substantial common area approved for the subdivision as a whole and because of the innovative nature of the "zipper" lot layout. The development plan for the single family detached homes provides an average total lot area of 2920 square feet. Normal single family lots are required to have 7200 square feet. The building coverage on the University Place lots is permitted up to approximately 48% (to be combined with the common open area for the whole subdivision). The lots are shaped in a “zipper" lot pattern with the two traditional 6' side yards combined to allow each property to have an 11' side yard on one side and a 1' side yard on the other side with the garage in between. This created a rear courtyard with an average area of 300 square feet. While open air, non-covered decks have been permitted in the courtyard area under master plan approval, the approved development plan does not permit any roofed over or enclosed obstructions in the rear yards. The applicants wish to add a 13' x 14' porch enclosure to the rear of the house in the area normally occupied by the open deck. This will encroach 7' into the 11' side yard. It will also subtract 182 square feet of the open space and fill in 61% of the existing rear yard. The overall coverage of the lots by enclosed structures will be increased from 48% to 54%. Prior to approving the neighborhood's development plan, City Council required that the neighborhood indentures include a prohibition against placement of any enclosed structures in the required yards. Article V, section 9 of the indentures of the University Place Subdivision prevents construction of enclosed structures in the area between the building line and any streets or alleys. The proposed porch would violate that provision. m-6-25.plc