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