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-� � 4.O BACKGROUND 4.1 Since 2007, the Roseville Planning Division has been warking with Owasso Ridge on correcting existing nonconforming patios and deck encroachments that are in violation of the approved Owasso Ridge Planned Unit Development (PUD) Agreement of March 2, 2002. As part of these discussions, staff has been working with Owasso Ridge to explore options on how to address these items and afford all property owners the same abilities to have a patio, deck, and/or a porch. 4.2 Specifically, the PUD Agreement stipulates that patios, decks, and porches are required to be set back a minimum of 30 feet from the periphery property line. However, there have been two patios, two decks, and a substantial landscape improvement installed in violation of this PUD requirement. 4.3 The Roseville City Code is less restrictive than the PUD Agreement in allowing a patio and/or deck that does not rise above the height of the ground floor; such decks and patios may extend to as near as two feet from a side or rear property line. Enclosed porches and decks extending above the ground floor, however, are to be setback a minimum of 10 feet from side property lines and 30 feet from rear yard property lines. 4.4 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 coniined within each individual lot. The PUD Agreement requires a principle structures to be set back a minimum of 5 feet from the front and rear property lines. 4.5 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 a landscape retaining wall encroachment (2776 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; these were most likely added when the required exit door landing was installed. 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. 4.6 In 2007, homeowner Chuck Fish desired a deck addition to the rear of his home and sought support from Owasso Ridge. This proposal, if supported, would have required the amendment of the PUD and other possible approvals by the City. Despite the pre- existing encroachments, Owasso Ridge did not originally support Mr. Fish's request, but has agreed to support Mr. Fish's proposal in conjunction with addressing the existing and inherent setback issues facing most of the lots within Owasso Ridge. 4.7 Since 2007 the Planning Division has met or communicated with Owasso Ridge on options for resolving the existing nonconforming encroachments, as well as facilitating future patios, decks, and porches. In 2008 the City Planner attended a gathering of property owners to explain the City's position regarding the encroachments and to listen to property owner concerns. The decision of whether to proceed was left up to the Association. PF09-007 RPCA 060309 Page 2 of 4