5.1 BASR 10-27-2015 - Laserfiche WebLink

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hkl _ Request for Action River To Item Number Board of Adjustments 5.1 Agenda Section Meeting Date Prepared by Planning Items October 27, 2015 Chris Leeseberg, Senior Planner Item Description Reviewed by Request by Brent and Teresa Christenson for Zack Carlton,Planning Manager encroachment of a single-family home and driveway Reviewed by into the wetland buffer setback, 19338 Carson Circle NW,—Public Hearing Action Requested Deny, by motion, the variance for the house for the following reasons: 1. Criteria #4"The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction" is not met. It is through the petitioners own action, of requesting the house be placed on the property in the proposed manner, that a variance is required. 2. The house can be redesigned or the location of the house can be changed. Approve, by motion, the variance for the driveway 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 proposed residential driveway use is consistent with the comprehensive plan. 3. The proposed driveway use is reasonable and is permitted in the zoning ordinance. 4. Due to topography and proximity to wetlands, the proposed location is likely the only option and is preferred to the existing driveway location as it has less wetland impact. 5. The variance will not alter the essential character of the locality. Background/Discussion Case No. V 15-14 The applicant would like to construct a new residential home on the 10 acre property. The property is zoned R1-a single family residential with a land use designation of residential. In 2003,when the applicant purchased the property, the wetland area being impacted was not considered wetland but reclassified as a wetland in 2006 resulting in more restrictive setbacks, requiring the current variance application. Approximately one half of the subject property is covered by wetlands. Section 30-1852 regulates wetland setbacks as shown in the image below. The house will not encroach into the 25-foot wetland buffer strip,but is within the required 20-foot wetland buffer setback. The applicant is asking for an 8'variance from the 20-foot wetland buffer strip setback which does not allow structures. The proposed driveway will be within the 25-foot wetland buffer strip but due to topography and proximity to wetlands, this is likely the only option and is preferred to the existing driveway location as it has less wetland impact. Staff has no concern with issuing a variance for the driveway as proposed. 'POWERED NATURE