Agenda - Council - 08/27/2024 - Laserfiche WebLink

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8. 2. CC Regular Session New Meeting Date: 08/27/2024 PrimaryStrategic Plan Initiative: Create a positive image for residential neighborhoods,business districts and key g corridors. Title: Adopt Resolution#24-232 approving a variance and encroachment agreement for a lean-to structure at 6960 148th Lane NW(Curtis Forster) Purpose/Background: The Planning Commission held the public hearing for this variance request at its meeting on July 25. After lengthy discussion, the Planning Commission voted(4-2) to deny the variance due to a lack of adequate practical difficulties that could be used to justify the variance request. The applicant has submitted notice that he would like to appeal the Planning Commission's decision to the City Council per City Code Section 106-220( At their meeting on August 12, the City Council directed staff to return with a resolution of approval and encroachment agreement. The homeowner,Mr. Curtis Forster(the applicant), constructed a lean-to structure over a concrete parking slab on the west side of the attached garage. A lean-to is a roof extension supported on one side by the garage or house 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. This structure was constructed without the proper building permits and zoning permits (required for driveways in 2020) and encroaches in the required 5-foot side yard setback. The structure and parking slab were brought to staff s attention through a code enforcement complaint. The variance request is a part of the applicant's due process rights to remedy the infraction. The property is zoned R-1 A Single-Family Residential District and guided Low Density Residential on the Comprehensive Plan. The property is 0.82 acres in size and the lot includes a portion of a large wetland. Zoning Issues Driveways,parking spaces, and structures within the R-1 A zoning district are required to have a 5-foot side yard setback. The lean-to extends over the slab with the posts set a couple inches in from the edge. The roof overhang and gutters are within inches of the property line. Architecturally,the lean-to front is open-aired with the side and rear walls constructed out of cedar decking planks. The roof of the structure is a metal product while the roof of the house and attached garage is a typical residential asphalt shingle. The roof of the structure is partially supported by posts attached to the roof of the garage with the lean-to roof extending above the roof line. The gap between the garage roof and the top of the lean-to roof is filled in by semi-transparent corrugated fiberglass panels.None of the building materials meet the architectural requirements of City Code. To be compliant with the architectural design requirements of City Code, the metal roofing should be replaced with a matching asphalt shingle,the wall planks covered with a matching lap siding, and the corrugated fiberglass replaced with glass. Building Code Issues The structure was constructed without a building permit. Any structure that is added to the main house is required to have a building permit. The building permit review process looks at several things including, and most notably in the case of lean-tos, frost footing depth, structural attachment to the garage, and the materials that are used in relationship to the property line. Within 5 feet of a property line, structures need to be constructed in a way that would prevent a fire from jumping to the next structure.