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I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City Council Regular Meeting Minutes November 12 ,2013 Page 7 A. Resolution 13-072; a Resolution Approving a Variance from the Required Side Yard Setback in Order to Construct a Stairway I-foot from the Property Line along the North Side of the Property to Access a Garage Attic on the Property located at 3400 Harding Street NE. Erica Crone, Planning Commissioner, presenting. Planning Commissioner Crone summarized the request of Carla and Paul Peterson for a variance to allow for a stairway within five feet of the side property line for the purpose of providing access to attic space above the garage. She shared the staff report and aerial of the proposed request. Councilmember Jenson said he thought the level of detail very thorough and well thought-out. He asked if the applicant had contacted the neighbor to the north about the proposal. Planning Commissioner Crone said the applicant had contacted the neighbor. Mayor Faust inquired about storing flammable products on site and if the applicant would be holding any public sale or viewing opportunities at this location. Planning Commissioner Crone said the applicant would be responding but noted the business is only intended for use as an art studio and not for viewing. Mayor Faust said he did not want to see the stairwell protrude into the driveway. Council member Roth asked if the proposed staircase will be open. Planning Commissioner Crone said the staircase will be an open style. Council member Roth asked if the variance was approved if the structure could be enclosed. Planning Commissioner Crone said that action would require another variance process. Carla Peterson, applicant, stated that she had contacted the neighbor to the north who was excited about the studio and no concerns. Mayor Faust asked what kind of product will be used in the studio and if they will pose any fire hazards. Ms. Peterson said they use a non-flammable material acrylic in their work but noted that they had to tie a smoke detector system into their home due to current code. Mayor Faust referred to the intent for public viewing and sales. Ms. Peterson said the intent is for primary space to create art, adding they sell at galleries, art events, and fairs. She noted there will be no signage posted in their yard. Mayor Faust inquired about the new staircase design that does not protrude. Ms. Peterson said they changed contractors and have scaled the project with the proper slope so the staircase no longer protrudes into their driveway. Ms. Peterson shared a presentation depicting the reasons for the request and why it would not work within their home. Motion by Councilmember Stille, seconded by Council member Jenson, to approve Resolution 13-072; a Resolution Approving a Variance from the Required Side Yard Setback in Order to