4.3 BASR 08-25-2015 - Laserfiche WebLink

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Request for Action To Item Number Board of Adjustments 4.3 Agenda Section Meeting Date Prepared by Board of Adjustments ItemsAugust 25, 2015Zack Carlton, Planning Manager Item Description Reviewed by Request by Washington Street Investors for a 12 Kristin Mroz, Environmental Technician foot setback variance to the wetland buffer Reviewed by Public Hearing, Case No. V 15-12 Chris Leeseberg, Senior Planner Action Requested Approve, by motion, the variance request by Washington Street Investors to allow a townhome to encroach 12 feet into the required 25 foot wetland buffer area with the following conditions. 1.The area around the home within the 25 foot setback 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 buffer area must be signed to identify the buffer edge and note that maintenance is not permitted within the area. 3.Drainage from all structures shall be directed away from the wetlands when possible. If the Board of Adjustments denies the request, or an appeal is made by any interested party by September 4, 2015, the application will automatically be forwarded to the City Council for consideration. That meeting will be held on Monday, September 21, 2015, at 6:00 p.m. Background/Discussion Washington Street Investors are proposing to construct a detached single-family townhome on what is currently platted as Lot 22, Block 1, West Oaks Third Addition. The lot is proposed to be re-platted as Lot 18, Block 1, West Oaks Ninth Addition later this year. The lot as it is currently platted is almost entirely within the wetland buffer area and after the re-plat the home is currently planned to impact 12 feet of the buffer area. The entire subdivision was rezoned to PUD and a new preliminary plat was approved in the spring of 2015. During that process staff identified a need for an updated wetland delineation along the west side of the current West Oaks Third Addition. After receiving the updated delineation, staff noted significant impacts to four homes identified on the approved preliminary plat. The applicant has worked with staff to minimize impacts to the buffer areas including re-designing the homes, reducing home sizes, and eliminating structures. City ordinance identifies two wetland buffers: first, a 25 foot no mow/maintenance buffer prohibits alterations to the established vegetation, and second, an additional 20 foot buffer prohibiting structures. The detached home is located almost entirely within the 20 foot buffer, as are many other structures in the West Oaks Subdivision, but conforms to previously approved development plans for West Oaks from 2004. The ordinance establishing both of the buffer areas was adopted in 2006, after the Template Updated 4/14