4.1 BASR 10-25-2016 - Laserfiche WebLink

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Request for Action To Item Number Board of Adjustments 4.1 Agenda Section Meeting Date Prepared by Public Hearings October 25, 2016 BrieAnna Simon, Planner Kristin Mroz, Environmental Technician Item Description Reviewed by Progressive Builders - 10744 Twin Lakes Parkway Zack Carlton, Planning Manager ■ Encroachment of a deck into the wetland buffer setback, Case No. V 16-11 Reviewed by Action Requested Approve, by motion, the variance request by Progressive Builders to allow a deck to encroach 12 foot into the required 45 foot wetland setback for the following reasons: 1. The general purpose and intent of the ordinance are 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 wedand 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 wedand 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 November 8, 2016, the application will automatically be forwarded to the City Council for consideration. That meeting will be held on Monday, November 21, 2016, at 6:00 p.m. Background/Discussion The property owner, Progressive Builders, is proposing to construct a 14 foot by 12 foot deck with a 4 foot by 14 foot stairwell on the backside of the single-family home located at 10744 Twin Lakes Parkway. The property is located with the Twin Lakes Estates Addition Planned Unit Development (PUD). The home is constructed approximately 49 feet from the rear property line, which is within 45 feet from the water edge of the wetland. Approximately 1.5 percent of this property is covered in wetland which translates to approximately 37.5 percent of the property being restricted by the wetland setback. 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 12 feet into the wedand 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 development was platted. Therefore, the proposed deck will fall within the new ordinance regulation that p a w E R E U 6 Y NaA f RE]