Mayor Ray DeGraw asked the Grandview Planning Commission Aug. 18 to review and consider recommending a revision to the zoning code section relating to the Green Space Overlay District.

Mayor Ray DeGraw asked the Grandview Planning Commission Aug. 18 to review and consider recommending a revision to the zoning code section relating to the Green Space Overlay District.

DeGraw said he believes the language in the zoning code stating that "all properties within this Overlay District shall have a minimum front yard of 100 feet," complicates the matter and strays from the original intent of the 1998 legislation establishing the district.

"The original intent of this was to protect the unique character of Goodale (Boulevard) and the hillside there," DeGraw said.

But the use of the word "front yard" muddies that original intent, he said.

As a result, during the recent review of the Summit Chase generator issue by the Board of Zoning Appeals, the board's discussion focused in part on "what is the front yard," DeGraw said.

The board determined that at Summit Chase, which has an address listed as 1000 Urlin Avenue, the yard on Urlin should continue to be considered as the condominium's front yard.

The board turned down the condominium board's appeal of a zoning code violation order the city issued for the backup generator. It also voted down a revised motion by Summit Chase asking for a variance from the mandated 100 foot front yard setback.

DeGraw told the planning commission he believes the words "front yard" in the setback section should be changed to declare that all properties "bordering" Goodale must have a minimum 100 foot setback.

"The intent here is to clear up the language and go back to the intent," and not to change the zoning, he said.

The zoning code defines the area of the Green Space Overlay District to be "all lots bordering on the north side of Goodale Boulevard between the center line of Broadview Avenue on the east and the center line of Wyandotte Road on the west and all lots bordering on the south side of Goodale Boulevard from the center line of Grandview Avenue to the east and the center line of Lincoln Road extended on the west."

Planning Commission member Dorothy Pritchard said she is inclined to agree with DeGraw.

The way the code is written "it's beginning to depend on the address of a property," she said.

"And if you're relying on an address," Goodale must be considered as the side yard of a number of properties in the district, Pritchard said.

The intent is for a 100 foot setback for all yards along Goodale "period," DeGraw said.

"This is not a Summit Chase issue," he said. "This is a Goodale Green Space issue."

Attorneys on all sides of the Summit Chase appeal agree there is "a wording issue," DeGraw said.

Commission member George Acock questioned why the issue was being brought to the planning commission at all.

He said he thinks the zoning code "is okay the way it is."

DeGraw asked the commission to review the Green Space Overlay District code and discuss the matter at its September meeting and decide whether to forward a recommendation to city council.

Planning Commission president Sheila Clark said that because she is an owner at Summit Chase, she is abstaining from the discussion and vote on the issue.