PL PACKET 11262018 - Laserfiche WebLink

Home Browse Search

Planning Commission Regular Meeting Minutes October 22, 2018 Page 3 1 (G) Decks which are not higher than thirty (30) inches above grade at any given point along the 2 grade are permitted to encroach into the rear yard setback by 10 feet and the side yard setback, as 3 long as a minimum side yard setback of 5 feet is maintained. This encroachment does not apply 4 in the R-1A Residential Lakeshore District or to decks higher than thirty (30) inches above grade 5 at any given point along the grade. Such decks must comply with the setbacks for principal 6 structures. 7 8 City Planner Rothstein noted this is the zoning code and does not need to match the building 9 code. She reviewed the discussion held at the last meeting. This Ordinance will have a policy 10 impact closer to the rear property line than currently written. 11 12 Commissioner Neumann asked about not including the R-1A Residential Lakeshore District. Ms. 13 Rothstein stated this section of code allows for an exception and within the R-1A no exceptions 14 are available. If there is a platform deck or a deck at grade those are okay to encroach but if there 15 is a tall deck, on the second story, the 25-foot property setback should remain. 16 17 Commissioner Larson asked if a structure is under 30 inches but closer than 5 feet to the house 18 will it be subject to the setbacks of the primary structure. Ms. Rothstein responded if it is under 19 30 inches that is what is allowed to encroach into the setback. It must maintain 5 feet on the side 20 but can encroach up to 10 feet in the rear setback. A deck is defined as an attached structure if 21 within 5 feet. 22 23 Commissioner Westrick asked for clarification on the definition of deck. Ms. Rothstein stated 24 there are two different sections and if a deck is free standing, it is considered an accessory 25 building. 26 27 Commissioner Neumann asked about those properties that have alleys. Ms. Rothstein stated 28 when setbacks are determined it is from the property line. The property line is at the alley. 29 There are no stricter requirements for alleys than for properties without an alley. Commissioner 30 Neumann asked if someone was not on an alley and wanted to construct a carriage house with a 31 deck on top, would that be exempt. Ms. Rothstein stated that would be allowed. Grade is an 32 issue. Commissioner Neumann asked if Mary Friend would be able to build her deck as she 33 wishes. Ms. Rothstein stated it would not allow her to build her deck at eight feet. 34 35 Commissioner Larson asked what the R-1 rear yard setback is and Ms. Rothstein stated 25 feet 36 or 20% of the depth of the lot whichever is greater. Ms. Rothstein stated the setback varies based 37 on the zoning district and the lot depth. 38 39 Vice Chair Socha opened the public hearing at 7:28 p.m. 40 41 Ms. Mary Friend, 3113 Edward Street NE, stated she is hoping to build a low-level deck in her 42 backyard. She attended the Planning Commission Meeting in September and noted the setback is 43 now 15 feet. The plan she brought to the Commission last year had a 7- or 8-foot setback. She 44 does not think she is asking for anything extreme. Ms. Friend read the definition of a patio and 45