01-11-2021 Council Packet - Laserfiche WebLink

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CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: January 11, 2021 TOPIC: Consider Resolution No. 20-131 Denying a Setback Variance for a Deck at 842 Lois Lane VOTE REQUIRED: 3/5 INTRODUCTION At the November 9th, November 23rd and December 14th, 2020 Council meetings, the Council tabled the agenda item to tonight's meeting for further consideration. Staff is requesting City Council consideration of Resolution No. 20-131 denying a setback variance for a deck at 842 Lois Lane. After the November 9th meeting, Councilmember Stoesz asked staff if approving the variance would create a fire risk for either 842 Lois Lane or 850 Lois Lane. It is the State building code that establishes structure separation requirements for fire protection, not zoning setbacks. With that being said, if the variance were approved, the deck would need to be constructed with a one (1) hour fire rating if less than 5 ft from the property line. This has been confirmed by both the Building Department and Public Safety Department. BACKGROUND The applicant, Brian A. Rydlund, submitted a Land Use Application for a setback variance for the purpose of constructing a deck at his property located at 842 Lois Lane. A 2.7 foot variance to reduce the side yard setback from 5 feet to 2.3 feet is requested. ANALYSIS The applicant is proposing to reconstruct the existing deck along the east side of the house ("side deck") that will connect to a proposed new deck located in the rear yard ("rear deck"). Per the Certificate of Survey submitted with the application, the existing house is 10.0-10.6 ft from the east side lot line. The existing side deck is currently 7.7 ft wide and 2.3 ft from the east lot line. A portion of the new deck would also be 2.3 ft from the east lot line. Staff notes the Certificate of Survey should be dated by the surveyor. Zoning and Setback Requirements The house was constructed in 1987. The property was zoned RX, Executive Rural at that time. Per the 1983 Zoning Ordinance, the side yard setback for accessory structures was 5 ft. City Zoning Ordinance dating back to 1971 also required a 5 ft side yard setback. 1