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MINUTES <br />CITY COUNCIL <br />NOVEMBER 25, 1998 <br />CLARIFY <br />SETBACK <br />ISSUE <br />AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE <br />THE AGREEMENT ON BEHALF OF THE CITY <br />The foregoing resolution was duly seconded by LaValle. <br />Ayes (5) Scalze, LaValle, Moreian, Pedersen, Fahey. <br />Nays (0). Resolution declared adopted. <br />The City Planner reported that the issue of the cantilevered portion of a <br />house extending into a required rear yard recently surfaced as a result of <br />building permit application. The issue was discussed by the Planning <br />Commission and their concern was that the amount a cantilever can extend <br />into a required setback should be controlled. Therefore, the Planning <br />Commission recommended that the Zoning Ordinance be amended to limit <br />this extension to two feet. <br />Since the Planning Commission meeting, the Building Official expressed <br />concern with allowing extensions into the required setback. The Building <br />Official feels it would be better to leave the rear yard setback at 30 feet for <br />the entire structure including any cantilevered portion. He also expressed <br />concern with interpreting what would be considered the main floor of a <br />house, which would be the point at which the setback measurement is <br />made. <br />Scalze reported that she agrees with the Building Official, and did not feel <br />that a cantilevered portion of a house should be allowed to extend into the <br />required setback. <br />Morelan asked if not allowing a cantilever in the required setback would <br />create any non - conforming buildings. The City Planner replied that he is <br />not aware of any, and pointed out that typically a rear yard is larger than <br />the 30 -foot minimum. The particular situation that raised this issue <br />happened to have a very shallow lot. <br />Mr. Morelan introduced the following resolution and moved its adoption: <br />RESOLUTION NO. 98 -71 -276 — DIRECTING TIIE CITY PLANNER <br />TO PREPARE A ZONING ORDINANCE AMENDMENT <br />CONSISTENT WITH THE POSITION OF THE BUILDING <br />OFFICIAL ON THE ISSUE OF CANTILEVERED PORTIONS OF <br />HOUSES MEETING SETBACK REQUIREMENTS, AND <br />SCHEDULING PUBLIC HEARING FOR THE COUNCIL TO <br />CONSIDER 71115 ZONING ORDINANCEAMENDMENT 111E <br />DATE AND TIME TO BE DETERMINED BY CITY STAFF <br />Page 32 <br />