5.1 BASR 05-26-2015 - Laserfiche WebLink

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of Elk -�.- River Request for Action To Item Number Board of Adjustments 5.1 Agenda Section Meeting Date Prepared by Board of Adjustments Items May 26, 2015 Zack Carlton, Planner I Item Description Reviewed by Request by Washington Street Investors for an 8 Chris Leeseberg, Park Planner- Planner foot setback variance into the wetland buffer Public Hearing, Case No. V 15 -07 Reviewed by Action Requested By motion, approve, approve with conditions, or deny the variance request by Washington Street Investors to allow a deck to encroach 8 feet into the required 25 foot wetland buffer area. If the Board approves the request, staff recommends the following condition. 1. The area beneath the deck and 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. If the Board of Adjustments finds that the request does not meet any of the criteria for a variance, specific reason(s) shall be stated for each of the criteria. If one or more of the criteria are denied by motion, the request must be denied. If the Board of Adjustments denies the request, or an appeal is made by any interested party by June 5, 2015, the application will automatically be forwarded to the City Council for consideration. That meeting will be held on Monday, June 15, 2015, at 6:00 p.m. Background /Discussion Washington Street investors and the property owner, Judith Hidde, are proposing to construct a 12 foot by 16 foot deck on the backside the townhome located at 14243 183`d Lane NW. The home is constructed 3.5 feet from the rear property line, not uncommon in townhome developments, which is within 6 inches of the 25 foot wetland buffer area. The subject property is in a Planned Unit Development (PUD) zoning district where rear property line setbacks are governed based on proximity to public rights -of -way. If there is no right -of -way within 20 feet, the structure is permitted to be built up to the property line. Additionally, the West Oaks homeowners association permits decks to be constructed over the property line and into the common lot owned by the association. The covenants grant an automatic easement to these structures and tie the use to the adjacent home. The proposed deck extends 8.5 feet into the common lot, and 8 feet into the buffer area. Py0wfR10 HP Template Updated 4/14 IL ®TU E