5.1 BASR 07-26-2016 - Laserfiche WebLink

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Request for Action To Item Number Board of Adjustments 5.1 Agenda Section Meeting Date Prepared by Public HearingsJuly 26, 2016 BrieAnna Simon, Planner Item Description Reviewed by Adam Pramann - 18514 Olson St NW Zack Carlton, Planning Manager ■ Encroachment of a deck into the wetland buffer setback, Case No. V 16-09 Reviewed by Action Requested Approve, by motion, the variance request by Adam Pramann to allow a deck to encroach 14.5 feet into the required 45 foot wetland setback for the following reasons: 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 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 August 9, 2016, the application will automatically be forwarded to the City Council for consideration. That meeting will be held on Monday, August 15, 2016, at 6:00 p.m. Background/Discussion Case No. V 16-09 The property owner, Adam Pramann, is proposing to construct a 14 foot by 20 foot deck on the backside of the single-family home located at 18514 Olson St NW. The property is located within the Trott Brook Farms 81h Addition Planned Unit Development (PUD). The home is constructed approximately 200 feet from the rear property line, which is within 31 feet of a wetland. The rear yard wetland is approximately 65% of the subject property. 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 14.5 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 4A UR