PL PACKET 11171998 - Laserfiche WebLink

Home Browse Search

Planning Commission Meeting Minutes October 20, 1998 Page 3 1 the City could specify in the permit that phosphorus treatments would not be allowed. 2 3 Bergstrom thanked Mr. Jones for his comments, adding a memo had been received from WSB 4 that afternoon with their review of the draft ordinance. 5 VI. PUBLIC HEARING. 6 1. 98-10 Variance to Sideyard Setback at 3125 Roosevelt Street. 7 Kim Moore-Sykes introduced Mary Silberschmidt, 3125 Roosevelt Street,who has submitted a 8 request for a sideyard setback variance of two feet to allow for the extension of a proposed deck 9 that will connect with steps that already exist on the south side of her home and make them part 10 of the proposed deck. Currently,the cement steps are consistently used as egress and ingress 11 from a.door on this side of the house. They extend approximately 5 feet 6 inches from the 12 structure but are also 3 feet 6 inches into the sideyard setback. The steps are proposed to be 13 renovated and resituated to face east as part of the proposed deck project. There is a 7-foot 14 sideyard setback on this side of the house. 15 16 Ms. Silberschmidt's home was constructed in 1960, sixteen years before the City's Zoning 17 Ordinance was adopted.- She has indicated to Staff that the steps have not been repaired since 18 they were,constructed and as such are in need of repair. Her house,is situated facing west with 19 her kitchen on the south end and it is from the kitchen that the door opens onto the steps in 20 question. 21 22 There are two issues resultant from Ms. Silberschmidt's proposed plan to reconstruct these steps 23 so that they will be more usable and safer and to connect the steps to the proposed deck 24 construction project. The first issue concerns the reconstruction or repair of a nonconforming 25 structure. In this situation,the steps currently are partially situated in the sideyard setback. 26 Section 1660:02, Subdivision 1.,Existing Structure, of the City Ordinance states that no structure 27 used for a nonconforming use may be enlarged,extended, reconstructed, replaced or moved 28 except to change it to a conforming use. The steps are considered an allowed nonconforming 29 structure according to Section 1600.03 because they were in existence prior to the adoption of the . 30 City's Zoning Ordinance. To be in compliance with the City's Ordinance, Ms. Silberschmidt has 31 the following options: she can reconstruct the steps to descend 2:5 feet from the house within a 2 32 foot space,which would create a more dangerous and less accessible exit or entrance to her 33 home; to renovate her kitchen so as to remove the door,thereby eliminating her ability to exit her 34 home from the south; or not use the door, again restricting an access or exit to her home. 35 36 While she stated she is interested in correcting the non-conforming situation that was created 37 when the City's Ordinance was approved in 1976, which placed her steps in the sideyard setback, 38 the above-stated options do not allow her to continue to use her property as it was originally 39 constructed or to its greatest use. Ms. Silberschmidt's inability to satisfactorily correct the 40 situation is,to some degree,the result of a hardship created by the adoption of the City's Zoning