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Council approves variance allowing rebuilt accessory building after fire; staff to draft zoning amendment option
Summary
Council approved Resolution 41-2025 granting a variance to allow an accessory structure slightly taller than zoning allows after a fire destroyed the prior nonconforming building, and directed staff to draft code language to create a conditional-use pathway for similar cases.
The council considered Resolution 41‑2025, a variance request for a property at 11250 East French Lake Road where an accessory structure had been destroyed by fire. Planning staff said the prior building was an existing nonconformity and that the 180‑day window to rebuild had lapsed, which is relevant under state statute and city code.
Staff explained the technical height measurement and noted that the proposed replacement exceeded the permitted height by roughly 1½ to 2 feet; the applicant said the extra height was to accommodate a camper and a taller garage door. Planning staff relayed that the planning commission had unanimously found the practical difficulties cited and recommended approval based on the findings included in the resolution.
Council debated whether the city’s ordinance should be amended to offer a conditional‑use permit route for ag‑zoned accessory structures rather than relying on case‑by‑case variances. Council voted to approve the variance based on the planning commission’s findings and directed staff to return with a recommended ordinance amendment to allow a CUP alternative for similar situations.
Outcome: the variance was approved (motion adopted) and staff will draft code language to provide clearer procedures for similar rebuilds in the future.
