5.1 BASR 06-28-2016 - Laserfiche WebLink

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/111kIts City of E1k' ,-., Request for Action River _ _ To Item Number Board of Adjustments 5.1 Agenda Section Meeting Date Prepared by Planning Items June 28,2016 BrieAnna Simon,Planner Item Description Reviewed by Justin Werk- 18681 Ulysses St NW Zack Carlton,Planning Manager • Encroachment of a deck into the wetland Reviewed by buffer setback,Case No.V 16-05 Action Requested Approve,by motion,the variance request by Justin Werk to allow a deck to encroach 10.5 feet into the required 45 foot wetland setback 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 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 July 8, 2016,the application will automatically be forwarded to the City Council for consideration. That meeting will be held on Monday,July 18,2016,at 6:00 p.m. Background/Discussion Case No.V 16-05 The property owner,Justin Werk,is proposing to construct a 15 foot by 24 foot deck on the backside of the single-family home located at 18681 Ulysses St NW.The property is located with the Trott Brook Farms 10th Addition Planned Unit Development (PUD). The home is constructed approximately 230 feet from the rear property line,which is within 48 feet of a wetland.The rear yard wetland is approximately 55% 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 10.5 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 P i v I 1 E 1 I Y NATURE