5.1 BASR 05-26-2015 - Laserfiche WebLink

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City ordinance identifies two wetland buffers: first, a 25 foot no mow /maintenance buffer, prohibits alterations to the established vegetation, and second, an additional 20 foot buffer prohibiting structures. The townhome is located almost entirely within the 20 foot buffer, as are most of the other structures along the north side of 183rd Lane, but conforms to the approved development plan for West Oaks Second Addition approved in 2004. The ordinance establishing both of the buffer areas was adopted in 2006, after the development was platted, meaning that a variance for the proposed use would not have been required in 2004. Applicable Regulation City ordinance outlines the criteria for the granting of a variance. In order for a variance to receive approval, the request must satisfy all five of the following requirements. The applicant did not provide any language establishing why a variance should be granted. Variances may be granted when the petitioner establishes that the variance: 1. Is in harmony with the general purpose and intent of the ordinance, and Our variance request is in harmony with the general purpose of the ordinance because a deck, such as the one we are proposing, is a normal part of a townhome design 2. Is consistent with the City of Elk Diver comprehensive plan. Our request is consistent with the comprehensive plan because the property was already zoned for townhome development Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties mean that: 3. The petitioner proposes to use the propery in a reasonable manner not permitted by the tinning ordinance; Our request is reasonable because the three piers will utilize less than 1% of the wetland buffer area directly behind the individual townhome. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and The practical and unique difficulties are present because the land was developed and platted with the utilities and streets already built, so it was not possible to move her building forward and away from the wetland buffer which meanders closer to her than to some of the other properties. S. The variance, ifgranted, will not alter the essential character of the locality. The practical difficulties of building a deck require support posts that can only be placed as proposed in the wetland buffer area. If our variance is granted, the deck will fit in with all of the other homes on her street, which also have or will have decks. Except for her next door neighbor, who is also requesting a variance, the other houses on her street do not need a variance for their decks. N: \Departments \Community Development \Planning \Case Files \V \V 15 -07 Washington St- Hidde \V 15 -07 sr BOA Washington St- Hidde.docx