City Council Minutes 2003 05 06 - Laserfiche WebLink

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Louisville City Council Meeting May 6, 2003 Page 5 of 11 Homeowners' Association has filed an application for a PUD amendment to permit a reduction in the rear year setback for covered decks (arbors). The request would allow decks, covered or non-covered decks, on lots within the subdivision to encroach into the rear yard setback by ten feet. The PUD currently requires a 25-foot setback for primary structures, including covered decks or patios attached to the house. He reviewed the Municipal Code specifications relative to covered decks or rear porches. Decks are subject to applicable primary structure rear yard setbacks, as established by the subdivision PUD or the underlying zoning regulations. Johnstone explained originally, of the 102 lots platted in the subdivision, the applicant requested only 57 lots be allowed this encroachment. The intent was to limit the amendment request to those lots with existing structures that are thirty-four feet or less from the rear yard property line. These are generally the lots that are shallower in depth. After Planning Commission review, the decision was made to expand the request to all lots in the subdivision. The Commission recommended approval of the Amended PUD request at the April 8, 2003 meeting by a 5-1 vote, with conditions to control the design and size of said arbors. COUNCIL COMMENTS Sisk voiced his concern the City may interfere with the covenants of the subdivision. He noted the requirement of a majority vote of 66% of the homeowners to approve a covenant change. He stated there were concerns expressed by surrounding homeowners. City Attorney Light explained covenants can be more restrictive than zoning but not less restrictive. He stated the question before the Council is whether the City wants to amend the PUD and noted the statute provides certain portions of a PUD, even if modified, can be enforced. Davidson called for applicant presentation. Michael Reese, representing the Meadows at Coal Creek residents, explained the process began in June of 2001, when a group of residents met with the Architectural Control Committee relative to backyard arbors. An Arbors Committee of interested homeowners was formed to work on amending the PUD. Guidelines were established in the summer, and ballots were sent out to 101 households in the Meadows subdivision. The result of the vote was 53 in favor and 17 against the PUD Amendment, with the balance of the homeowners not voting. In October of 2001, the Board of Directors met with the City Staff to get direction on how to proceed. In November of 2002, the Arbor Committee met with the Architectural Control Committee Board and Home Owners Association for discussion and direction, which led to the application to amend the PUD. He noted the requirement for arbor plans submittal to the Architectural Control Committee prior to application for a building permit. 5