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City Council Regular Meeting Minutes November 13, 2018 Page 4 Councilmember Jenson referred to slide four and five. He asked what the difference is and Ms. 1 Neumann stated it depends if it is a deck or accessory structure. 2 3 Mayor Faust stated he is confused as to what a deck is and what an accessory structure is. He 4 stated it seems this Ordinance is being changed for one property and an Ordinance should work 5 for the entire City. He requested a definition of a deck. Mayor Faust stated the wording appears 6 that a 30 inch or lower deck could be put in any size in a yard. He is not sure if that is what the 7 Planning Commission intended. Mayor Faust noted at the last Planning Commission meeting one 8 member needed to leave early and three were absent and it seemed rushed without due diligence 9 being done to affect the entire City. 10 11 Councilmember Stille stated he did not think about the mass that could occur with this 12 Ordinance. He noted one could put a deck up that invades the neighbor’s privacy. He is 13 concerned some residents would come forward asking why this Ordinance was passed. He 14 believes it needs to be looked at from a global approach. 15 16 Mayor Faust stated there is an issue of a neighbor’s enjoyment of their property. He is reluctant 17 to see this Ordinance go forward due to many unanswered questions and unintended 18 consequences that were not considered. 19 20 Ms. Neumann stated this was discussed at two Planning Commission meetings. She noted also 21 discussed was the question if someone were to construct a deck on top of their garage, would that 22 be considered a deck or not. It was difficult to give detail as far as the definition of a deck and 23 what is attached and what is unattached. 24 25 Councilmember Gray asked if the privacy issues were discussed at all and Ms. Neumann stated it 26 was discussed. Ms. Neumann cited her own personal property and there would not be privacy 27 concerns in her area. Councilmember Gray stated it seems like it could be very close to the 28 neighbors. 29 30 Councilmember Randle asked if the Planning Commission heard from the owner or residents and 31 if this is for a specific resident’s property. City Manager Casey stated this was brought forward 32 because a resident asked for a deck variance and the resident submitted an administrative appeal. 33 Mr. Casey noted whatever applies to this property if the Ordinance is passed would apply to all 34 properties within the City’s residential areas. 35 36 Motion by Councilmember Jenson, seconded by Councilmember Gray, to table consideration of 37 First Reading of Ordinance 2018-01; an Ordinance amending the Zoning Code, Sections 152.008 38 Definitions and 152.177 Permitted Encroachments in Yards, related to decks and refer back to 39 the Planning Commission for consideration and further clarification and provide a definition of a 40 deck. 41 42 Motion carried 5-0. 43 44 Mayor Faust requested the size of the deck or accessory structure and privacy to neighbors 45 should be considered. 46 12