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Commission approves variance for covered patio at 318 Christine Street with condition noted on future enclosure

5070860 · June 24, 2025
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Summary

The planning commission approved a rear-yard variance for a covered patio at 318 Christine Street. Commissioners expressed concern about future enclosure of open structures and noted enforcement is complaint-driven.

The Mitchell Planning Commission approved a variance permitting an 11-foot rear-yard setback for an attached covered patio at 318 Christine Street, where 25 feet is required by code.

Planning staff said the property is zoned R-4 (high-density residential) and reported that notices were mailed and signs posted; the staff packet included one letter in favor and additional supportive responses that did not make the packet. The applicant plans a covered outdoor patio with amenities such as grilling and a TV; staff presented a rendering supplied by the applicant but clarified it is not a photo of the property.

Several commission members cautioned against allowing open patio structures that later are enclosed and converted into four-season rooms without further review. A member noted that enforcement of such conversions is complaint-driven and that the commission often takes applicants at their word but has limited ability to police future changes without a complaint or permit trigger.

A motion to approve the variance as presented passed by voice vote; commissioners did not add a specific condition requiring future enforcement steps, although at least one commissioner urged including a caveat to prevent future enclosure.

The record shows the commission approved the variance without a recorded roll-call tally. Any future alteration that converts the open patio into an enclosed living space would require separate review under building and zoning rules and may prompt enforcement action if it violates setbacks or other code provisions.