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2.� 4.0 �� i5 �c �� �� �� �o 31 3: ^ � BACKGROUND — 2002 PUD 4.1 On March 4, 2002, the Roseville City Council approved the Owasso Ridge development and the Planned Unit Development Agreement. The Agreement included terms and conditions under which each lot could develop. Specifically, each lot was afforded flexibility in the placement of a home based on setbacks (minimum principal structure setback - front yard = 5 feet from front property line (27 feet from street right-of-way), rear yard = 5 feet from rear property line (30 feet from the boundary property line), side yard adjacent Iona Lane = 5 feet from side yard property line (30 feet from the street right-of-way line), and an interior side yard setback = 10 feet for nay interior lot line (20 feet between buildings). �� 4.2 The Agreement also allowed patios, deck, and porch additions that were required to meet s4 a minimum setback of 30 feet from the boundary property line. �� �c 37 38 �U 40 4 �� 4z 4; 44 45 4G 4/ 4 �i 49 50 4.3 Initial discussions in 2002 with the developer included creating an allowance for patios, decks, and porches that could encroach closer to the periphery property line. However, the developer chose to establish a 30-foot common area/drainage and utility easement adjacent to the periphery property line, thus eliminating the ability to support such improvements unless they are confined within each individual lot or an amendment to the approved PUD is sought. 4.4 Since 2002, the Planning Division has been aware of two patio encroachments (2769 and 2780 Cohansey Circle), two minor deck encroachments (2765 and 2775 Cohansey Circle) and three landscape retaining wall encroachment (2769, 2776 and 2780 Cohansey Circle). It should be noted that the Building Permits Division and Planning Division were unaware of the patio encroachments because permits are not required for such an improvement. Deck encroachments do not appear on the original survey, but appear as encroachments on the City's Online Mapping and in recent surveys as relatively minor (no greater than 2 feet) encroachments. These encroachments include deck landings and/or overhangs that are allowable encroachments of the City Code, but not clearly defined in the PUD Agreement. 5 i 5.0 PROJECT OVERVIEW 52 5.1 In 2007, homeowner Chuck Fish desired a deck addition to the rear of his home and 53 sought support from Owasso Ridge Homeowner's Association. This proposal, if �4 supported, would have required the amendment of the PUD and other possible approvals 5� by the City. Originally members were supportive of the improvement, however the 5� Association voted not to support Mr. Fish's request. 5� 5a 5� co 61 6? G.5 5.2 Soon after the denial by the Association, the issue and concern over the existing encroachments came to the forefront. The Planning Division has provided guidance to Owasso Ridge Homeowner's Association as well as to specific property owners on the options that could be supported by the City. From the beginning, staff's position has been to create a transparent solution that provides equal treatment of all property owners. Specifically, if one lot is afforded an encroachment of any degree, then all lots must receive the same treatment. 64 5.3 Since 2007 the Planning Division has met or communicated with Owasso Ridge �� Homeowner's Association on options for resolving the existing nonconforming PF09-007 RCA 092109.doc Page 2 of 5