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Council continues public hearing on zoning amendment to allow certain setback encroachments

3838867 · January 28, 2025
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Summary

The Board held a public hearing on proposed amendments to Section 405.345 to allow limited encroachments into building setbacks for equipment and porches on residential properties; staff outlined standards and the bill was continued to Feb. 10, 2025 for further consideration.

The Town and Country Board of Aldermen opened a public hearing on a proposed zoning change that would formally permit limited encroachments into building setbacks for residential structures, and continued the matter for further review.

City staff explained the draft amendment responds to a pattern of variance requests and would add explicit allowances for standby generators and HVAC equipment, swimming-pool equipment and certain unenclosed front porches and paved terraces. Under the draft language discussed, equipment associated with pools and standby generators could encroach as close as 20 feet to a side property line; unenclosed porches one story or less (not more than 50% of the front façade) and existing-house paved terraces could encroach up to 10 feet into the front setback. Staff said the change was intended to align Town and Country with typical practice in neighboring jurisdictions and to reduce the number of variances.

A resident asked whether the provisions apply only to houses and not to businesses; staff clarified the draft applies to residential properties. Members of the Planning and Zoning Commission recommended the amendment, and staff said the proposed standards would eliminate routine variance requests for minor, function-driven features such as generators and front porches.

The bill (Bill No. 25-05) was continued to the meeting of Monday, Feb. 10, 2025, for reading and further consideration.

Why it matters: the amendment would change how small structures and equipment near property lines are regulated and could simplify permitting for many homeowners; it applies only to residential zoning as discussed in the hearing.