4.2. BA DRAFT MINUTES 12-19-2017

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Board of Adjustments Minutes Page 3 November 28, 2017 ----------------------------- Chair Johnson opened the public hearing. Dan Weinmann – the applicant, discussed the septic system located in the back yard. He said he felt the constructed deck would slow down rain runoff and prevent it from seeping too rapidly into the wetland. He explained the 2010 visit by previous city employee Nikki Blake-Bradley where she indicated his mulch area was a foot too far into the wetland and he corrected it. He stated almost 90% of the homes in his development have decks constructed off the back of the house and if he was required to build on the side of his home would cause problems with resale and property value. He discussed water runoff affecting the footings and requested he be grandfathered into the pre-2006 ordinance the rest of the neighborhood is complying with. th John Kitzrow – 13815 214 Avenue NW, is the applicant’s next door neighbor and stated a deck built on the side of the applicant’s yard would look ridiculous and any impact on the applicant’s property value would decrease his own. He stated he didn’t think a deck would have an impact on rain water runoff and wondered if a study was done to prove any impact. Mr. Leeseberg stated no study was done but a deck is considered an impervious surface shedding runoff to the the wetland quicker. There being no one else to speak, Chair Johnson closed the public hearing. Chair Johnson stated the drain field and septic are in the setback. He stated he has a hard time with denying this variance if the drain field and septic are located in the setback. Mr. Leeseberg stated staff struggles with rule changes also and stated the septic tank is below grade and is not considered impervious. Commissioner Larson-Vito asked if there were other houses in the neighborhood that also encroach or any other neighborhood variances granted. Mr. Leeseberg stated he wasn’t aware of any other variance requests in the neighborhood. Commissioner Rydberg asked if the variance is only related to city ordinances or are they state/county guidelines and rules. Mr. Carlton indicated the city’s environmental coordinator worked with state and outside agencies when the city’s regulations changed in 2006. Commissioner Thiel stated he supports staff’s conclusion.