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Planning Commission Regular Meeting Minutes <br />August 27, 2018 <br />Page 5 <br /> <br /> <br />2. Interpret the zoning code to apply accessory structure setbacks to decks, regardless of the 1 <br />proximity to the home (attached or detached). 2 <br /> 3 <br />Ms. Perdu reviewed the possible actions: 4 <br /> 5 <br />1. Motion to direct staff to bring back a draft ordinance that adds a section of code relating to 6 <br />decks and evaluate appropriate setbacks for decks (recommended action); 7 <br />2. Interpret the zoning code to apply necessary structure setbacks to decks, regardless of the 8 <br />proximity to the home (attached or detached). 9 <br /> 10 <br />The Applicant’s letter of appeal was provided for Commission review. 11 <br /> 12 <br />Chair Papatola asked if the Ordinance is not explicit when it comes to decks. Ms. Perdu stated 13 <br />staff recommends that a section of code be added related to decks and evaluate appropriate 14 <br />setbacks for decks. The action this evening is on this appeal. 15 <br /> 16 <br />Commissioner Socha asked if the request could be tabled until a specific time period after the 17 <br />code was written. Ms. Perdu stated some action would need to be done. The appeal is based on 18 <br />the administration decision on the description of the deck. Commissioner Socha asked if the 19 <br />Commission disagrees with Staff’s interpretation of the ordinance then an appeal would not be 20 <br />necessary. Ms. Perdu stated if the Commission grants the appeal and the ordinance is interpreted 21 <br />differently, then the applicant could apply for a building permit based on the Commission’s 22 <br />interpretation of the ordinance. 23 <br /> 24 <br />Commissioner Larson stated this seems like more of an issue with setbacks rather than 25 <br />determination of this is primary or accessory structure. 26 <br /> 27 <br />Chair Papatola stated he believes the original request was for a variance for the deck. 28 <br /> 29 <br />Ms. Mary Friend, 3113 Edward Street, stated her request last summer was for a variance. By the 30 <br />interpretation of Ms. Rothstein, they would like to step onto a platform deck from the deck stairs. 31 <br /> 32 <br />Commissioner Kalar asked how far off the ground the platform deck would be. Ms. Friend stated 33 <br />it would be as close to the ground as possible. She noted the address of the property is 3113 (not 34 <br />3331). Ms. Friend stated they had decided to do a patio but they would exceed the impermeable 35 <br />amount. 36 <br /> 37 <br />Commissioner Larson stated his memory was that the issue was whether it was attached or not 38 <br />and if it wasn’t attached to the primary structure there was more flexibility. Ms. Friend stated 39 <br />they built a large house on a smaller lot. Many contractors have been surprised on how the City 40 <br />has interpreted the Ordinance. This platform deck would not be part of the principle structure. 41 <br />Ms. Friend quoted Ms. Rothstein’s response. 42 <br /> 43 <br />Commissioner Socha asked when the platform deck would be constructed. Ms. Friend stated 44 <br />they had hoped to get the deck done in time for her daughter’s graduation. 45 <br /> 46