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407 <br /> <br /> ~4r. Swift said thaE that was right and that Mr. Schneider then <br />filed an appeal, which started the whole process. <br /> <br /> Mr. ~ercer inquired if it was staff's contention that the area <br />~qith the 13 feet, 5 inches setback is the side yard ra~her than the <br />~ac~ yard. <br /> <br /> Mr. Swift replied that the Zoning Administrator has the <br />ability to prescribe setbacks on irregular lots and that it is <br />staff's contention that Lot 20 is an irregular lot. He added that <br />when the Planning Commission reviewed the site plan, it did not <br />make a determination as to which was the side or rear yard. The <br />Commission, however, indicated that Lot 20 was an irregular lot and <br />that the plan complied with the condition for the 20-foot rear yard <br />setback. He explained that this is a PUD decision rather than a <br />determination as to which the side yard is and what the setback <br />should be, but that if a determination would be necessary to make <br />the house legal, the corner Mr. Schneider referred to would be <br />considered the side yard. <br /> <br /> Mr. Mercer asked Mr. Schneider if he had any concerns about <br />the neighbors looking into his back yard. <br /> <br /> Mr. Schneider stated that he was concerned about the power of <br />the Planning Department to override a Council-approved PUD. <br /> <br /> Mr. Brandes clarified that it was the Planning Commission and <br />not the Planning Department that made the finding about Lot 20. <br /> <br /> Ms. Mohr inquired if the Council approved the final map. <br /> <br /> Mr. Swift said yes and added that the PUD condition empowered <br />the Planning Commission to determine where the houses would be <br />si~ed on the lots. Consequently, the Council did not see the house <br />siting plans. <br /> <br /> Mr. Mercer inquired if it was the interpretation of the <br />~lanning Commission and staff that the 20-foot setback was for the <br />Back yard rather than for the side yard. <br /> <br /> Mr. Swift replied that the 20-foot rear ,yard setback was a <br />condition of the PUD. The Code defines the front yard setback as <br />the 23 feet of the frontage of the lot that is adjacent to the <br />street and the rear yard setback as the 20 feet along the rear <br />property line. The definition of Lot 20's rear property line is <br />not clear because the lot has five sides. That is the reason why <br />the Code allows the Zoning Administrator to determine the rear and <br />side yards for irregular lots. <br /> <br /> <br />