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HomeMy Public PortalAbout1988_09_27_R185RESOLUTION NO. A RESOLUTION: 88-185 PRESENTED ADOPTED September 27, 1988 September 27, 1988 INITIATING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE REGARDING DECKS AND PATIOS IN REAR YARDS AND SETTING A JOINT PUBLIC HEARING WHEREAS, the R-3 Residential Zoning District requires a 30-foot rear yard, as opposed to a 20-foot rear yard required for other town single-family residential districts; and WHEREAS, second story decks are prohibited from encroaching into required rear yards; and WHEREAS, revising the General Regulations requirements for decks more than three feet above grade to permit limited encroachment is in the best interest of the public health, safety, welfare and convenience and good zoning practice: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment of the Leesburg Zoning Ordinance is initiated to amend Section 1B-5(c)(5) Minimum Yard Requirements as follows: 5. Decks and Patios. Uncovered decks and patios, which are attached to the principal structure and are not more than three (3) feet above grade on the lot may extend into a required side oz' rear yard to within five (5) feet of the property line for single-family detached residences and three (3) feet of the side or rear property line for all other residential uses. Uncovered decks~ which are attached to the principal structure and are more than three (3) feet above ~rade on the lot may extend into a required rear yard. to within twenty {20) feet of the property line, however, side yard requirements shall apply. SECTION II. A public hearing on this amendment shall be held at 7:30 p.m. on October 25, 1988, in the Council Chambers, 10 West Loudoun Street, S.W., Leesburg, Virginia. In accordance with Section 15.1-431 of the 1950 Code of Virginia, as amended, this hearing shall be a joint hearing of both AMENDING THE LEESBURG ZONING ORDINANCE FOR PATIOS & DECKS the Planning Commission and Council. The clerk shall give notice of this hearing on October 6 and 13, and shall advise the Planning Commission of the purpose, time and date of the hearing. SECTION III. The Planning Commission shall report its recoi~endation to the Town Council on the proposed amendment on October 25, 1988, following the public hearing. PASSED this 27th ATTEST: day of September , 1988. Robert E. Sevila, Mayor Town of Leesburg