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Planning Manager Larson commented that they do not know yet. He stated that the portion five <br />feet to the property line would require the additional fire suppression measures, but the remainder <br />of the structure would most likely be fine. <br />Commissioner Anderson referenced the letter from the building consultant related to fire resistant <br />construction, noting that this structure would need to be redone to meet the Fire Code, if it is <br />approved. <br />Mr. Ploumen stated that he does not yet have the fire-resistant material but could place material <br />over the posts that would make it fire resistant. He noted that the nearest structure is 17 feet away. <br />He apologized that he did not pull a permit noting that he had the funds and assistance with labor <br />and moved forward with his project. <br />Councilmember Woestehoff asked if there was discussion in one of these cases about metal roofs <br />not falling within design standards for the City. <br />Planning Manager Larson replied that metal roofs are allowed but he has not yet seen the material. <br />He stated that if it is a designed home roofing material, it would be allowed, but colored metal <br />sheeting would not be allowed. <br />Motion by Commissioner Heineman, seconded by Commissioner Peters, to direct staff to prepare <br />a resolution approving the variance for a slab and lean-to structure based on the following practical <br />difficulties, citing numbers one and three from the list of practical difficulties. <br />Further discussion <br />Commissioner Heineman commented that there are two consulting adults who are neighbors and <br />have no problems with this structure. He hoped that people would recognize that these are two <br />people that own their properties and agree to the structure and a matter of inches. He asked why <br />there would be an exception if it cannot be used. He stated that if this motion does fail, the <br />applicant should appeal to the City Council where it would most likely be approved similar to the <br />last case. Commissioner VanScoy asked if rule of law means anything to those on the Commission <br />and Council. He stated that there are exceptions but those also have standards. He disagreed <br />entirely with the comments of Commissioner Heineman. Commissioner Heineman commented <br />that it is offensive to not use logical deduction, as laws are not always followed using the example <br />of driving one mile over the speed limit. He stated that there are rules of law but also the spirit of <br />law. Commissioner VanScoy commented that it is not a matter of inches, but four feet, ten inches. <br />Commissioner Peters asked and received confirmation that a permit is required to put a water <br />softener in a home, noting that every person on the Commission has a water softener in their home <br />but did not pull a permit for that. He stated that everyone has good points, and the applicant has <br />already paid the money for a variance, will spend money on a permit, and the structure should just <br />be allowed. He stated that most neighborhoods have cars parked on their lawns and no one says <br />anything, but this homeowner built something nicer to house his boat and while it is not perfect, it <br />looks fine. <br />Planning Commission/ September 26, 2024 <br />Page 10 of 14 <br />