11-23-2020 Council Packet - Laserfiche WebLink

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COUNCIL MINUTES DRAFT 5 - Proposed deck rendering was shown; 160 - There is opportunity to construct the staircase and walkway but not as proposed; 161 - Neighbors have expressed support for the variance but that is not normally a formal part of 162 consideration; 163 - Findings of fact were reviewed; 164 - Planning and Zoning Board approved the staff recommendation to deny the variance request. 165 Councilmember Cavegn asked, if the property owners were not asking to build onto the deck, would 166 the they be required to remove the existing deck and Ms. Larsen suggested that expansion or 167 remodeling triggers the City’s involvement. Historically the deck has never met the setback 168 requirement. 169 Councilmember Lyden said the owners are saying they want to reasonably keep what they have had. 170 Staff is doing their job. Rules exist for the public good but not just for the purpose of being a rule. 171 There must be some public good. The council is called to use discretion when that is necessary. 172 He is supporting the variance because the deck was not a problem when it was built in 1990. It did 173 not become an issue for thirty years so it’s common sense to grant the variance now. He suggests 174 tabling the matter if everyone hasn’t seen the situation in person. 175 Councilmember Cavegn said his concern is if a new neighbor came in and they had a problem and 176 one that would perhaps require removal of the deck. 177 Mayor Rafferty noted the guidelines are in place to create an avenue if there is concern and that 178 provides guidance to go forward. The property owner coming forward was not any wrongdoing but 179 the deck is not in compliance and when that was identified is not the issue. He has driven by and 180 has seen the deck from the street. 181 Councilmember Stoesz said he has not visited the property and Councilmember Cavegn said he did 182 not visit the site. Councilmember Lyden suggested that the matter be tabled until everyone sees the 183 situation. 184 The property owner, Brian Rydlund, spoke. He said they had two decks when the property was 185 purchased in 1991. They discovered the issue when they wanted to replace the decks. They are not 186 looking to build a walkway but to replace what they have. They want to keep what they reasonably 187 had and have used for thirty years (for safety, for siding project). What he asked of the Planning & 188 Zoning Board was only to replace what they currently have (not to expand). A five foot deck would 189 basically be useless. 190 Mayor Rafferty said he doesn’t believe he will change his opinion but he is willing to table the 191 matter and allow time for a visit. The property owner said he would greatly appreciate that. 192 Councilmember Cavegn moved to table Resolution No. 20-131, as presented. Councilmember 193 Lyden seconded the motion. Motion carried: Yeas, 4; Nays none (Absent – Ruhland). 194 On the schedule for a project, the property owner noted the difficulty of purchasing decking and 195 wood and updated the council on where the project stands at current (all within requirements). The 196 matter doesn’t have to come back in two weeks but Mayor Rafferty suggests that the 197 councilmembers visit before the snow flies. Perhaps a work session discussion would be the next 198 appropriate step. 199 Item 6E had been removed from the agenda prior to the meeting. 200