The Planning, Programming and Zoning Commission approved an encroachment agreement Tuesday to allow a patio, pergola and fence partially within a city‑owned alley right‑of‑way at 130 Columbia Circle.

Staff report and findings
Planning staff reported the patio and fence already exist in the rear yard and were constructed by a previous owner. The current homeowner discovered the encroachment while seeking a permit to place a 12 by 16‑foot pergola on the existing patio. Staff said the lot is zoned R‑1 (one‑ and two‑family district) and the encroachment is at the rear of the lot where the alley is undeveloped grass for most of the block. Staff noted several similar encroachments in the block, including a garage at 517 Campbell Avenue and fences on other properties, and said no utilities or recorded easements were identified in the alley.

Commission action
Commissioner Shirk made a motion to approve the encroachment agreement, with a second, and the motion carried unanimously. Staff indicated approval was subject to the assigned and executed encroachment agreement and standard conditions.

Quote
“The applicant is requesting the approval of an encroaching agreement to allow for a patio, pergola, and fence partially within the city owned alley right of way,” planning staff said in the report.

Ending
The approval allows the homeowner to construct the pergola over the existing patio and formalizes retention of the fence and patio that already extend into the city‑owned alley, subject to execution of the encroachment agreement.