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City Council Regular Meeting Minutes September 11, 2018 Page 6 installation and the Planning Commission recommended denial of the request on September 25, 2017. The applicant then withdrew their request prior to the October 10, 2017 City Council meeting. After several iterations of trying to come to a conclusion that allowed them to build a larger deck and still meet the code, the Friends have submitted an administrative appeal to the zoning determination that: 7 1. A deck is considered a primary structure if connected to the house, and such structure 8 should be subjected to the principal structure setback; and 9 2. A deck is considered an accessory structure if at least 5 feet away from the home, and 10 therefore subject to accessory structure setback. 11 12 The applicable codes and statutes were provided to the Council. Ms. Socha noted at the August 13 27, 2018 Planning Commission meeting, the Commission recommended denial of the 14 administrative appeal. The Commission further recommended that staff draft an ordinance 15 adding a section of code relating to decks and evaluate appropriate setbacks for decks. The 16 Council was provided with two possible actions: 17 18 • Adopt resolution denying Administrative Appeal of Zoning Determination regarding 19 decks and direct staff to bring back a draft ordinance that adds a section of code relating 20 to decks and evaluate appropriate setbacks for decks (Recommended action). OR 21 • Interpret the zoning code to apply accessory structure setbacks to decks, regardless of 22 proximity to the home (attached or detached) and Reverse Zoning Determination 23 regarding decks and direct staff to prepare resolution declaring the same. 24 25 The Applicant's appeal letter was provided for Council consideration. 26 27 Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution 28 18 -061; a Resolution denying administrative appeal of zoning determination regarding decks for 29 the property located at 3113 Edward Street NW. 30 31 Councilmember Stille stated he was on the Planning Commission for 5 years and the Council for 32 more than that. He commended the Planning Commission on making the right call on this matter. 33 34 Mayor Faust stated he appreciates the Commission didn't try to draft an Ordinance on the fly. 35 Regarding the fee, the City is very cautious on its fees due to staff time. 36 37 Motion Carried 5 -0. 38 39 VI. GENERAL BUSINESS OF COUNCIL. 40 41 A. Resolution 18 -062; a Resolution Receiving Feasibility Report and Ordering Plans and 42 Specifications for the 2019/2020 Street and Utility Improvements. 43 44 City Engineer Todd Hubmer presented the 2019 / 2020 Street and Utility Improvement Project 45 feasibility report for the following improvements: 46