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Planning Commission Regular Meeting Minutes October 22, 2018 Page 4 asked when a deck becomes a patio. She wants to build a deck similar to a patio less than 18 1 inches high and would like the same setback for her low to the ground patio. 2 3 Ms. Rothstein suggested the Commission discuss which depth of setback or setback 4 encroachment is appropriate. The recommendation can move forward to the Council. 5 6 Vice Chair Socha closed the public hearing at 7:33 p.m. 7 8 Vice Chair Socha stated the number of feet the encroachment should be is the point to be 9 discussed. 10 11 Commissioner Larson asked if a person wanted to build a shed within five feet of the rear 12 property line. Ms. Rothstein stated an accessory structure, such as a garage, can be built within 13 five feet of the side or rear property line. Commissioner Larson stated it seems a deck which is 14 also an accessory structure could be built within five feet of the rear property line. Ms. Rothstein 15 stated that a true accessory structure deck can be within five feet of the rear property line but it 16 needs to be unattached from the home. A patio could be restricted due to impervious land but if 17 the patio was completely separate, that could be up to five feet from property line. Commissioner 18 Larson believes this is inappropriate. 19 20 Vice Chair Socha stated a short deck is less intrusive on a neighbor’s property than a garage or 21 other accessory. One of the concerns of having a tall deck near the neighbors, was privacy for the 22 neighbors. It would seem a short deck would not be a problem. 23 24 Ms. Rothstein stated a Commissioner needs to leave and asked if the Commission would like to 25 table this item or make a decision in the next few minutes. 26 27 Commissioner Neumann stated she feels comfortable. 28 29 Commissioner Westrick posed a question about the accessory structure and the five-foot setback. 30 She feels there may be some inconsistencies in the wording. 31 32 Ms. Rothstein asked what the Commission wanted to do regarding attached platform decks, 33 noting she can bring it back or a recommendation can be made to Council on whatever the 34 Commission would like to do. A “deck” is attached regardless of the height and a patio/deck that 35 is not attached is an accessory structure. The height is what determines the setback. Being 36 discussed are attached platform decks under 30 inches in height. 37 38 Commissioner Neuman stated she thinks the Commission wants a 5-foot side and 5-foot rear 39 setback. This would allow Mary Friend to build her deck because it would not encroach her 40 neighbor’s property. Ms. Rothstein stated it would read a 20-foot encroachment in the R-1 41 zoning district. 42 43 Vice Chair Socha stated there is a difference between a patio and a 30-inch-high deck. A 30-44 inch-high deck would need to have handrails. She referred to the definition of the deck and noted 45 it seems rather circular. She suggested revising it to read an unattached platform or a platform 46