Agenda - Council - 10/08/2024 - Laserfiche WebLink

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8. 1. CC Regular Session Meeting Date: 10/08/2024 PrimaryStrategic Plan Initiative: Create a positive image for residential neighborhoods,business districts and key g corridors. Title: Adopt Resolution#24-285 approving a variance and encroachment agreement for a lean-to structure and concrete slab at 6850 148th Lane NW(Michael Ploumen) Purpose/Background: At the July 25, 2024, Planning Commission meeting, action on this request was tabled to allow the applicant time to measure his boat and determine if any excess portion of the lean-to can be removed. The applicant has provided measurements and photos (attached) explaining that the amount that can be removed is minimal and would pose difficulty in maneuvering the boat into the space. The homeowner,Mr. Michael Ploumen(the applicant), constructed a lean-to structure over a concrete parking slab on the east side of the attached garage. The slab was installed in the summer of 2017 and the lean-to in the summer of 2023. A lean-to is a roof extension supported on one side by the garage or house and on the other side by posts. This structure was constructed without the proper building permits and zoning permits (required for driveways in 2017) and encroaches in the required 5-foot side yard setback. The structure and parking slab were brought to staffs 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 0.62 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 slab was installed at approximately 3-feet 8-inches from the property line. The lean-to extends over the slab with the posts outside of it at approximately 2-feet 5-inches from the property line. The roof overhang and gutters are within inches of the property line. Architecturally,the lean-to is open-aired. The roof of the structure is a metal product while the roof of the house and attached garage is a typical residential asphalt shingle. To be compliant with the architectural design requirements of City Code,the fascia should be painted to match the house and the metal roofing replaced with a matching asphalt shingle. 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. Should the variance be approved, the structure will need to have a building permit. It is likely that the structure will need to be rebuilt to meet the fire rating requirements. Variances to the Building Code are not possible since this is a state-wide regulation. The applicant has met with the City's Building Official to discuss ways to bring the structure into compliance.