Minutes - Planning Commission - 09/26/2024

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Commissioner Heineman believed that this should be allowed to remain. Commissioner Anderson received confirmation that the roof material is made of tin. He asked if modifications would be needed to the structure to meet the Fire Code. Planning Manager Larson commented that this structure was built without a building permit and therefore they will need to ensure that the structure does meet the fire portion of the Building Code. He stated that if the Building Code is not met by the structure, modifications would need to be made to the structure. Commissioner Anderson commented that at the last City Council meeting there was discussion about how close to the property line a structure should be and asked Councilmember Woestehoff for input. Councilmember Woestehoff commented that the discussion the City Council had was related to driveway setbacks and not structures. He stated that variance the Planning Commission previously denied was brought forward to the City Council through appeal and the City Council did approve the variance for that property, which had the structure one inch from the property line, contingent upon that structure meeting the Fire Code. He assumed that if that scenario were to repeat in this case, the majority of the City Council would have the same opinion. Commissioner Anderson asked if these slabs are considered driveways. He stated that he would consider a driveway at the street and not off to the side. Councilmember Woestehoff replied that if it were the slab alone, he would concur that the majority of the City Council would consider that to be a driveway. Commissioner Anderson did not think that would be right. He stated that if a driveway were allowed to go to the property line, a developer will figure out a way to butt houses up against each other with very little separation. He stated that for this case, he would be in favor of allowing the slab alone. He stated that the roof will need to be changed to meet Fire Code, which would allow movement of the posts as well. He recognized that there is a lot of expense to redo the structure. He asked if the slab alone would be enough to satisfy the needs of the resident. Commissioner Hunt referenced the practical difficulties and asked if number two could be the cause. Planning Manager Larson stated that the State developed these practical difficulties. He provided clarification on the different practical difficulties. Commissioner Heineman asked if the scenario of the property only having this location for a side slab would be unique to the property, as this would be the only location. He stated that the landowner did not create that problem, the property is the shape it is. Planning Commission/ September 26, 2024 Page 8 of 14