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c City Council Meeting Minutes • October 27, 1998 Page 3 1 1. Mary Silberschmidt, for 3125 Roosevelt Street: setback variance request. 2 Mayor Ranallo welcomed Planning Commissioner Horst, who reviewed Mary Silberschmidt's 3 setback variance request for 3125 Roosevelt Street which was discussed at the Planning 4 Commission's October 20, 1998 meeting. He stated the Planning Commission recommended 5 approval of the variance request. 6 Mary Silberschmidt, 3125 Roosevelt Street, has submitted a request for a sideyard setback 7 variance of two feet to allow for the extension of a proposed deck that will connect with steps 8 that already exist on the south side of her home and make them part of the proposed deck. 9 Currently, the cement steps are consistently used as egress and ingress from a door on this side of 10 the house. They extend approximately 5 feet 6 inches from the structure but are also 3 feet 6 11 inches into the sideyard setback. The steps are proposed to be renovated and resituated to face 12 east as part of the proposed deck project. There is a 7-foot sideyard setback on this side of the 13 house. 14 15 Ms. Silberschmidt's home was constructed in 1960, sixteen years before the City's Zoning Ordinance was adopted. She has indicated to Staff that the steps have not been repaired since they were constructed and as such are in need of repair. Her house is situated facing west with 18 her kitchen on the'south end and it is from the kitchen that the door opens onto the steps in 19 question. 20 21 There are two issues resultant from Ms. Silberschmidt's proposed plan to reconstruct these steps 22 so that they will be more usable and safer and to connect the steps to the proposed deck 23 construction project. The first issue concerns the reconstruction or repair of a nonconforming 24 structure. In this situation, the steps currently are partially situated in the sideyard setback. 25 Section 1660.02, Subdivision 1., Existing Structure, of the City Ordinance states that no structure 26 used for a nonconforming use may be enlarged, extended, reconstructed, replaced or moved 27 except to change it to a conforming use. The steps are considered an allowed nonconforming 28 structure according to Section 1600.03 because they were in existence prior to the adoption of the 29 City's Zoning Ordinance. To be in compliance with the City's Ordinance, Ms. Silberschmidt has 30 the following options: she can reconstruct the steps to descend 2.5 feet from the house within a 2 31 foot space, which would create a more dangerous and less accessible exit or entrance to her 32 home; to renovate her kitchen so as to remove the door, thereby eliminating her ability to exit her 33 home from the south; or not use the door, again restricting an access or exit to her home. 34 35 While she stated she is interested in correcting the non-conforming situation that was created 36 when the City's Ordinance was approved in 1976,which placed her steps in the sideyard setback, the above-stated options do not allow her to continue to use her property as it was originally