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STAFF REPORT DATE: October 20, 1998 TO: Planning Commissioners FROM: Sim Moore-Sykes, Management Assistant . ITEM: 98-10 —Mary Silberschmidt, 3125 Roosevelt Street; Sideyard Variance Request. BACKGROUND: Ms. Mary Silberschmidt, owner of 3125 Roosevelt Street has submitted a request for a sideyard setback variance of two feet to allow for the extension of a proposed deck that will connect with steps that already exist on the south side of her home and make them part of the proposed deck. Currently, the cement steps are consistently used as egress and ingress from a door on this side of the house. They extend approximately 5 fey c 6 inches from the structure . but are also 3 feet 6 inches into the sideyard setback. The steps are proposed to be renovated and resituated to face east as part of the proposed deck project. (here is a 7-foot sideyard setback on this side of the house. Ms. Silberschmidt's home was constructed in 1960, sixteen yea ; before the City's Zoning Ordinance was adopted. She has indicated to Staff that the step have not been repaired since they were constructed and as such are in need of repair. Her he :se is situated facing west with her kitchen on the south end and it is from the kitchen that the c. ,or opens onto the steps in . question. ANALYSIS: There are two issues resultant from Ms. Silberschmidt's proposed plan to reconstruct these steps so that they will be more usable and safer and to connect the steps to the proposed deck construction project. The first issue concerns to the reconstruction or repair of a nonconforming structure. In this situation, the steps currently are partially situated in the sideyard setback. Section 1660.02, Subdivision 1., Existing Structure, of the City Ordinance states that no structure used for a nonconforming.use may be enlarged, extended, reconstructed, replaced or moved except to change it to a conforming use. The steps are considered an allowed nonconforming structure according to Section 1600.03 because they were in existence prior to the adoption of the City's Zoning Ordinance. To be in compliance with the City's.Ordinance, Ms. Silberschmidt has the following options: she can reconstruct the steps to descend 2.5 feet from the house within a 2- foot space, which would create a more dangerous'and less accessible exit or entrance to her home; to renovate her kitchen so as to _ -remove the door, thereby eliminating her ability to exit her home from the south; or not use the door, again restricting an access or exit`to her home.