I have spoken to the property owner. They have met with City staff on the placement for the patio structure. Per the owner, the structure is 10 feet from the fence line and less than 9 feet in height. I believe you took the photo as they were constructing the frame prior to it being trimmed. Will continue to follow up on this.

Thank you for the information. Section 10-2.3.103 E states "structure (in a side yard) does not exceed 6 feet or height of the existing adjacent fence - whichever is less". This structure is in a side yard, so I question how it can exceed the limits listed in the ordinance? The 9 foot height limit is listed under the conditions for a structure in a rear yard - Section 10-2.3.103 D. I would like to request further clarification on this issue.

For an R12 zoning district - the side yard setback is 10 feet. I have been advised, and will confirm, that the structure is outside of the setback. As such, it is not limited by the height requirement. The property owner did come into City Hall and discussed the structure with both Planning and Building. From that conversation, they followed the guidelines including the zoning restrictions. Also, the rear yard setback is 15 feet. There must be a 3 foot setback from the fence and a structure in that setback cannot exceed 9 feet in height. Let me know if you need further clarification.

Thank you for the additional information regarding the R-12 zoning requirements. I do see now in reviewing the "Accessory Structures - Illustrated" fact sheet that there is a note at the bottom of the page that indicates R-10 setback standards shown.

Thanks for reporting - the setback requirements for the patio cover have been met.

Thank you very much for following up on the situation!