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Staff reports patio at 2026 Dewitt St. encroaches into rear-yard setback; built without permit
Summary
Planning staff told the board that a covered patio at 2026 Dewitt Street encroaches approximately 9 feet into the 20-foot rear-yard setback and appears to have been constructed without a permit around 2021; the applicant said the structure provides shade for children and pets.
At the July 8 work session, planning staff presented case 2026145BOA for 2026 Dewitt Street, a variance request to allow a covered patio within the 20-foot rear-yard setback. Staff said there were no letters in support or opposition and that, because the applicant did not provide a current survey, staff included written dimensions on the site plan and clarified that measurements should be followed in writing rather than scale.
Staff reported code enforcement discovered the covered patio and that aerial imagery indicates it has been present on the property since about 2021. "The applicant maintains that they need the patio, to provide shade, for their children and pets," Gina Costanza Grant said. Staff said the encroachment is about 9 feet into the 20-foot setback (an approximately 11-foot variance). Staff also noted a 6-foot utility easement exists in the rear but the patio does not encroach into the easement.
Board members located and reviewed packet photos and asked clarifying questions about which images were from code enforcement; staff confirmed some photos were taken by code enforcement. Staff emphasized that because no current survey was provided it relied on written dimensions and aerial imagery for its assessment. No formal board action on the variance is recorded in the work-session transcript.
