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Assistant Building Official Knight shared that there are building materials that could be used that <br /> would meet the Fire Code. He added that it would have to go all the way back to the five-foot <br /> setback mark. <br /> Councilmember Woestehoff asked if the State Building Code has any rules or regulations about <br /> setbacks or if this is up to the cities. <br /> Assistant Building Official Knight said this is left up to the discretion of the City, other than the <br /> fire setback separate, which is a five-foot requirement. <br /> Councilmember Woestehoff shared that he attended the Planning Commission meeting where this <br /> was discussed and he shared that in order to get it fire-rated, they would have to use a similar <br /> siding material to what is on the house, plus fire-rated drywall, plus a vapor barrier, plus another <br /> interior layer. <br /> Councilmember Specht asked if the requirement for the roof of the lean-to structure to match the <br /> roof of the home is a City or State requirement. <br /> Assistant Building Official Knight said this is a City requirement. <br /> Councilmember Specht asked why this is a requirement as the roof of the structure could only be <br /> seen from above. <br /> Community Development Director Hanson shared that it is her understanding that the roofing <br /> materials that were used on the structure are not allowed in the City Code and since this structure <br /> is attached to the garage, it needs to have the same matching roof materials. <br /> Mayor Kuzma asked if the Council was to deny this variance request, what the process would be <br /> for the homeowner. <br /> City Attorney Knaak stated that the homeowner would have certain rights to bring an appeal to the <br /> court. <br /> Councilmember Woestehoff asked if this were to get approved and the denial of the Planning <br /> Commission was overturned if the original complainant would be able to file a lawsuit against the <br /> City for allowing this structure. <br /> City Attorney Knaak shared that the only rights that are enforceable under the code do not just <br /> belong to the homeowner. He explained that if another homeowner believes that the City has <br /> mistakenly granted this approval in violation of City ordinances,then that other homeowner would <br /> be able to bring forward a lawsuit. <br /> The applicant, Curtis Forster, 6960 148th Lane NW, came forward to address the Council. He <br /> stated that he is aware that the Council has granted many variances throughout the City. He shared <br /> that a majority of the complaints about the structure came from residents on the south side of his <br /> home who drove around looking for things out of compliance. He noted that he has spoken with <br /> City Council/August 12, 2024 <br /> Page 6 of 10 <br />