5.1. BASR 12-17-2019 - Laserfiche WebLink

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Background/Discussion The property is located at 1904 Main St. NW and is zoned R1-c Single Family Residential with setback as follows: Front: 30 feet Side: 10 feet Garage: 5 feet Rear: 20 feet Lake (OHW): 50 feet Maximum impervious surface is limited to 25% of the parcel. The applicant is seeking a setback variance from the Ordinary High Water (OHW) mark to Lake Orono to construct a house addition and deck. The applicant has provided a draft site plan (dated 12/11/2019) showing, conceptually, what they want. Prior to investing more money and time into their final design, they wanted to make sure they receive approval of the variance. If approved, they will provide the city final designs with the building permit. Staff indicated to the applicant, variances are typically reviewed as a specific project/site plan. The difficult part with a blanket setback approval on a concept plan is the city would be approving a plan in which only two corners of the house are encroaching in the setback. Later the applicant could then redesign and build a structure with the entire length of the back of the house to the approved setback, which was not reviewed against the variance criteria. Because of this, any approval should be tied to a site plan. The submitted plan shows the northeast corner of the addition encroaching into the OHW. The elevation of the existing basement floor is at the 100-year flood elevation and at minimum, the floor of the building addition will need to be a least 1-foot higher than this. An initial comment from the DNR stated if the addition is a “substantial improvement” (the value of the addition plus any maintenance/repairs in the last 365 days is equal or greater than 50% of the market value of the structure), they may need to bring the original part of the building into compliance with Regulatory Flood Protection Elevation (RFPE). If the variance is approved, staff will continue to work through this with the applicant and the DNR. Applicable Regulation Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and The general purpose and intent of the OHW setback is to have structures setback an appropriate distance in order to allow stormwater runoff from impervious surfaces to have adequate distance to drain and filter the runoff prior to it reaching the lake. With the limited encroachments, as shown on the submitted site plan, and implementation of storm water treatment features, the general purpose and intent of the ordinance can be met. Storm water treatment features can include rain gardens, swales directing run-off away from the lake, and/or gutters directing roof water toward the front of the home. N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 19-12 Brixius\\4-Board of Adjustments\\5.1 SR pc 12-17-2019.docx