Agenda - Council - 09/10/2024 - Laserfiche WebLink

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Public Hearin Chairperson Gengler called the public hearing to order at 7:29 p.m. Presentation Planning Manager Larson presented the staff report stating that staff s recommendation is that the supplied practical difficulties used to justify the variance for the lean-to structure are not reasonable and the variance should be denied. The siding material is not consistent with the applicant's siding nor other siding in the neighborhood. It is not an approved architectural material for homes. It can be found as deck and fencing material. Should the walls be removed, an open-aired lean-to would appear more in character of a residential property. However, if the property owner or the adjacent neighbor chose to build a fence along the property line, the structure would immediately look out of place. Variances cannot restrict what neighboring property owners do, therefore the variance should be denied. Staff is taking no position on the concrete slab. Commissioner Bauer recognized that the lean-to and concrete slab were built without City involvement. He asked if the concrete slab would still require a variance, even if the lean-to were never considered as part of the project. Planning Manager Larson confirmed that the slab would still require a variance. Commissioner Bauer noted that there were several aspects of the lean-to that did not meet City Code. He asked if the slab would also need to be removed if the variance were denied. Planning Manager Larson confirmed that if the variance were denied, that would be correct. He stated that staff did not provide an opinion on either of these variances on the agenda tonight and if the Commission supported the variance request(s) they would need to specify the practical difficulties upon which they made the decision. He stated that another option would be to allow the slab to remain on its own. He stated that the Commission would provide the direction tonight and staff would then prepare the appropriate resolution. Commissioner Bauer asked if the variance is related to the lean-to or related only to the side yard setback. Planning Manager Larson commented that the variance requested is for the entire structure (lean- to and slab), but staff also provided the option of allowing only the slab to remain. He noted that staff did not provide an opinion on the slab only option as that was not the request of the applicant. Commissioner Bauer stated that if the variance request is denied, the slab itself is too close to the property line. Commissioner Heineman asked what the roof is composed of. He commented that it sounds like regardless of the decision the siding material would need to be replaced. Planning Commission/July 25, 2024 Page 6 of 20