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E11 v er Request for Action To Item Number Board of Adjustments 15.2 Agenda Section Meeting Date Prepared by Public Hearings I June 285 2016 BrieAnna Simon, Planner Item Description Reviewed by Thomas & Kristin Gannon - 17875 Concord ST Zack Carlton, Planning Manager ■ Encroachment of a deck into the wetland Reviewed by buffer setback, Case No. V 16-07 Action Requested Approve, by motion, the variance request by Thomas & Kristin Gannon to allow a deck to encroach 13 feet into the required 45 foot wetland setback for the following reason: 1. The general purpose and intent of the ordinance is met. 2. The property has a land use of residential and the use is consistent with the comprehensive plan. 3. The proposed use is reasonable and is permitted in the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioners own action or inaction. 5. The variance will not alter the essential character of the locality. If the Board approves the request, staff recommends the following conditions: 1. The area within the 25 foot wetland buffer strip is not to be maintained as yard area (no mowing, no planting, no landscaping and must be left to grow naturally. 2. The 25 foot wetland buffer strip area must be signed to identify the buffer edge and note that maintenance is not permitted within the area. If the Board of Adjustments denies the request, or an appeal is made by any interested party by July 8, 2016, the application will automatically be forwarded to the City Council for consideration. That meeting will be held on Monday, July 18, 2016, at 6:00 p.m. Background/Discussion Case No. V 16-07 The property owners, Thomas & Kristin Gannon, are proposing to construct a 16 foot by 14 foot screen porch with a 20 foot by 6 foot deck connecting to the existing patio on the backside of their the single- family home located at 17875 Concord St. The property is located within the single family residential (Rl- C) zoning district. The home is constructed approximately 50 feet from the rear property line, which is approximately 41 feet from the edge of a wetland. The rear property line is located within the designated wetland area. City ordinance identifies two wetland buffers: first, a 25 foot no mow/maintenance buffer which prohibits alterations to the established vegetation, and second, an additional 20 foot buffer prohibiting structures. The proposed deck extends 13 feet into the wetland setback area and does not extend into the wetland buffer area. The ordinance establishing both of the buffer areas was adopted in 2006, after the