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City Council Regular Meeting Minutes November 13, 2018 Page 3 Mayor Faust closed the public hearing at 7:15 p.m. 1 2 Motion by Councilmember Randle, seconded by Councilmember Jenson, to approve First 3 Reading of Ordinance 2018-02; an Ordinance Setting Sewer, Water, and Storm Water charges 4 and Establishment of Fee Amounts for 2019. 5 6 Motion carried 5-0. 7 8 V. REPORTS FROM COMMISSION AND STAFF. 9 10 A. Ordinance 2018-01; an Ordinance amending the Zoning Code, Sections 152.008 11 Definitions and 152.177 Permitted Encroachments in Yards, related to decks. 12 13 Planning Commissioner Neumann presented that currently there are no provisions for decks in 14 City Code, staff has been applying the principal structure setback to deck, an administrative 15 appeal of staff interpretation went to Planning Commission, the Planning Commission directed 16 staff to prepare provisions for decks and the Planning Commission reviewed the terms and 17 ordinance at the past two meetings. 18 19 The ordinance adds the following language to the City Code. 20 21 A definition of “deck” – DECK – A platform to and projecting from the wall of a building or 22 constructed on top of a building designed to be used by people which is part of the structure. For 23 the purpose of this Zoning Ordinance a deck is considered “attached” if any part of it is within 24 five (5) feet of an adjacent wall or building. An unattached platform or a platform attached to an 25 accessory structure, shall be considered an accessory structure. 26 27 Add language in “permitted encroachments” relating to decks – Decks which are not higher than 28 thirty (30) inches above grade at any given point along the grade are permitted to encroach into 29 the rear yard setback and the side yard setback, as long as a minimum side or rear yard setback of 30 5 feet is maintained. This encroachment does not apply in the R-1A Residential Lakeshore 31 District or to decks higher than thirty (30) inches above grade at any given point along the grade. 32 Such decks must comply with the setbacks for principal structures. 33 34 Planning Commissioner Neumann stated the Planning Commission held a public hearing in 35 October and took public comment from one person (administrative appeal applicant), and 36 recommended approval of the enclosed ordinance. 37 38 Councilmember Stille asked for clarification if a deck is detached from the house can it be 39 anywhere on the lot as long as it has a five-foot setback from the rear and side yard. Ms. 40 Neumann stated if it is not attached to the house, it would not be considered a deck. 41 Councilmember Stille stated the way he understands it, if it isn’t higher than thirty inches above 42 grade, it could be located anywhere on the lot, and be five feet from the property line. This 43 would be considered an accessory structure. 44 45 11