Middleton Plan Commission holds concept review for ordinance to allow elevated decks to encroach into rear setbacks

Daphne, presiding officer for the Middleton Plan Commission, opened the Nov. 11 meeting and led a concept review of a proposed zoning text amendment to permit elevated decks to encroach into rear setbacks by roughly four feet. Staff said this change is similar to prior ordinance language and is intended to clarify standards for elevated decks, particularly on sloped lots.

The amendment would add permitted encroachments for elevated decks into rear yards. Daphne said the item was for input only and that no vote would be taken at this meeting; a public hearing is scheduled for Nov. 25. Commissioners raised questions about replacement steps and whether the proposed language might allow steps to encroach without restriction. One commissioner said a limitation on replacement steps would be appropriate so that steps could not extend arbitrarily into rear yards.

Daphne noted that front porches are addressed in a different article of the zoning code (Article 2 or 3) and that she would review whether replacement-step language needs to be clarified. Commissioners also asked about alley-served lots, where minimum rear setbacks and garage placement can affect how a rear deck would sit on a lot; staff said the scenario that would allow deck-to-deck proximity on alley-served lots appears unlikely given typical garage setbacks.

Brian Munson of FanDuel Associates, representing the applicant team, told the commission they were trying to reconcile prior code language and provide predictability for elevated decks. "We wanted to clarify as we were looking at sites that would incorporate elevated decks what the standards would be for encroachments into the rear yard," Munson said. He added the aim is to accommodate decks in slope conditions while "still do it in a way that you can't pass the ketchup to the neighbors in the backyard across from deck to deck." Munson said the proposal is intended to provide clarity so that the code charts indicate when elevated decks are allowed as permitted rear-yard encroachments.

Next steps: staff will follow up on the questions raised about replacement steps and code cross-references; the commission will hold a public hearing on Nov. 25.