Fountain Hills — The Planning and Zoning Commission voted 5‑0 on Dec. 8 to recommend approval of a special‑use permit to allow a front‑yard patio cover at 17114 East Fairway Court, subject to construction drawings that bring the structure into compliance with the town's zoning standards.
John, the town’s Development Services Director, told commissioners that the applicant proposes about 827 square feet of covered patio that would encroach 10 feet into the Southern District’s 20‑foot front setback. He said the cover meets the ordinance’s 12‑foot maximum height and otherwise aligns with the house’s architectural style, but staff measured the area of the supporting columns at about 21.7% of the patio frontage — slightly above the 20% limit. “They may be able to come back with more accurate measurements to show their meeting,” John said, adding that the applicant could reduce the column area in the construction drawings to meet the 80%‑open requirement.
Commissioners heard that neighbors notified through the town’s participation system had responded in support of the request. A commissioner noted that trimming roughly 7 square feet would likely bring the column area within the allowable limit; staff agreed the change should be straightforward. The chair summarized the commission’s approach as preserving the ordinance’s intent while allowing staff modest architectural discretion to accommodate small measurement differences in final construction documents.
The commission’s favorable recommendation was made as a motion to approve the special‑use permit with the condition that the project meet applicable ordinance requirements and allow staff limited latitude to ensure the design complies with code intent. The motion was seconded and carried on a roll‑call vote, recorded as five ayes and no nays.
Why it matters: The action implements a zoning change enacted roughly one year earlier that allowed patio covers in front yards under specific criteria (zoning ordinance §5.06(d)(4)). The commission’s decision clarifies how the rules will be applied in practice — in this case permitting a modest encroachment when neighbors support it and the proposal can be made to meet objective dimensional limits.
Votes at a glance:
- Approval of meeting minutes from Nov. 10, 2025 (consent agenda): moved and seconded; vote recorded as 5‑0 in favor.
- Recommendation to approve special‑use permit for 17114 East Fairway Court: motion to recommend approval (subject to meeting ordinance requirements and staff discretion); carried 5‑0.
What’s next: Staff will require construction drawings that demonstrate compliance with code criteria (or adjustments that preserve the ordinance’s intent) before the permit is finalized. The commission expects staff to confirm the revised column dimensions and the resulting openness percentage in submitted plans.
Details and context: Town staff cited zoning ordinance section 5.06(d)(4) as the governing provision that permits front‑yard patio covers to encroach up to half the required setback (subject to a maximum of 15 feet), a maximum height of 12 feet and minimum openness of 80%. Staff also referenced section 2.02’s review criteria for detrimental impacts on the neighborhood; no detrimental impacts were identified during staff review. The presenter said the project would begin design compliance work in the current permitting process. No public comment cards were submitted during the hearing.
Commission discussion and follow‑up requests: Commissioners asked staff to report back at a future meeting with schedules and opportunities for the commission to provide feedback on public infrastructure improvements in the business and innovation overlay area, specifically starting with Verde River and then Parkview streets. Staff said construction documents are in progress and agreed to research and return with a schedule.
The meeting adjourned at about 6:14 p.m.; the commission will next meet Jan. 12, at which time officers will be elected.