Planning commission recommends allowing elevated decks to encroach into rear setbacks, directs staff to clarify downtown limits

The City of Middleton Planning Commission voted to recommend a zoning text amendment that would allow elevated decks to encroach into rear setback areas in residential zoning districts.

Scott, a city staff member presenting the proposal, said the amendment aligns the ordinance with recent practice and cited Daphne's staff report summarizing the factual basis for the change. The draft language as presented applies to the city’s explicitly defined residential zones, staff said.

A commissioner raised a concern that the wording "all residential districts" might be read to include mixed‑use downtown (MUD) zones, where rear yards are only 10 feet. "Their rear yard's only 10 feet," the commissioner said, urging that downtown MUD be excluded or that encroachments be limited so decks do not extend closer than 10 feet to the rear lot line. Commissioners discussed two drafting options: list specific zones that qualify, or specify single‑family and multifamily zones only.

The motion to recommend the amendment, with the request that staff clarify and, if necessary, revise the language to either exclude MUD or limit encroachments to no closer than 10 feet from the rear lot line, was moved by Unidentified Speaker 4 and seconded by Unidentified Speaker 2. The chair called the question and the commission voted 'Aye'; no opposition was recorded and the motion carried.

Next steps: staff will revise the ordinance language to specify the affected zones and bring the amended wording forward with the commission’s recommendation to the Common Council for consideration.