Laserfiche WebLink
Regular Planning Commission <br />Meeting Date: 07/25/2024 <br />Primary Strategic Plan Initiative: <br />6. 2. <br />Create a positive image for residential neighborhoods, business districts and key <br />corridors. <br />Information <br />Title: <br />Consider a variance for a lean-to structure at 6960 148th Lane NW (Curtis Forster) <br />Purpose/Background: <br />The homeowner, Mr. Curtis Forster (the applicant), constructed a lean-to structure over a concrete parking slab on <br />the west side of the attached garage. A lean-to is a roof extension supported on one side by the garage or house <br />and on the other side by posts. The slab was installed in the summer of 2020 and the lean-to in the fall of 2023. <br />This structure was constructed without the proper building permits and zoning permits (required for driveways in <br />2020) and encroaches in the required 5-foot side yard setback. The structure and parking slab were brought to <br />staffs attention through a code enforcement complaint. The variance request is a part of the applicant's due <br />process rights to remedy the infraction. <br />The property is zoned R-1A Single -Family Residential District and guided Low Density Residential on the <br />Comprehensive Plan. The property is 0.82 acres in size and the lot includes a portion of a large wetland. <br />Zoning Issues <br />Driveways, parking spaces, and structures within the R-1A zoning district are required to have a 5-foot side yard <br />setback. The lean-to extends over the slab with the posts set a couple inches in from the edge. The roof overhang <br />and gutters are within inches of the property line. <br />Architecturally, the lean-to front is open -aired with the side and rear walls constructed out of cedar decking <br />planks. The roof of the structure is a metal product while the roof of the house and attached garage is a typical <br />residential asphalt shingle. The roof of the structure is partially supported by posts attached to the roof of the <br />garage with the lean-to roof extending above the roof line. The gap between the garage roof and the top of the <br />lean-to roof is filled in by semi -transparent corrugated fiberglass panels. None of the building materials meet the <br />architectural requirements of City Code. To be compliant with the architectural design requirements of City Code, <br />the metal roofing should be replaced with a matching asphalt shingle, the wall planks covered with a matching lap <br />siding, and the corrugated fiberglass replaced with glass. <br />Building Code Issues <br />The structure was constructed without a building permit. Any structure that is added to the main house is required <br />to have a building permit. The building permit review process looks at several things including, and most notably <br />in the case of lean-tos, frost footing depth, structural attachment to the garage, and the materials that are used in <br />relationship to the property line. Within 5 feet of a property line, structures need to be constructed in a way that <br />would prevent a fire from jumping to the next structure. <br />Should the variance be approved, the structure will need to have a building permit. It is likely that the structure <br />will need to be rebuilt to meet the fire rating requirements. Variances to the Building Code are not possible since <br />this is a state-wide regulation. The applicant has met with the City's Building Official to discuss correction <br />options. <br />Variance <br />The applicant is requesting a variance to the side yard setback requirement of 5 feet for both the slab and the <br />