Agenda - Planning Commission - 10/15/2015

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relocated such that it would not require a variance. Neither of the two structures appear to alter the essential character of the locality. Alternatives for fence structure Option #1. Approve Resolutions #15-10-246 and #15-10-247 granting a variance to the fence height requirement. The Applicant has provided photos of evidence of construction within the property boundaries and although the proper permits were not originally submitted, the fence is of quality construction and does not pose a nuisance to the neighborhood. Staff supports this option for the fence structure. Option #2. Approve modified versions of Resolutions #15-10-246 and #15-10-247 with a condition that the fence height be lowered to a specified height. This would be based upon discussion among the Planning Commission. Option #3. Do not approve Resolutions #15-10-246 and #15-10-247. Staff does not support this option for the fence as it only spans about fourteen (14) feet in width and is used to provide additional privacy when using the outdoor hot tub. If this option were favored by the Planning Commission, the fence height would need to reduced to no more than eight (8) feet. Alternatives for shed location Option #1. Do not approve Resolutions #15-10-246 and #15-10-247 for shed location setback. There is adequate room to build or relocate a shed to meet proper City Code setback requirements. Staff Supports this option for the shed. Option #2. Approve Resolutions #15-10-246 and #15-10-247 granting a variance setback location. The shed does not impede stormwater drainage and, in its present location, does not appear to pose a nuisance to neighboring properties. However, it does appear that there may be viable options to relocate the shed such that a variance would not be necessary. If the shed location is approved, an Encroachment Agreement will need to also be processed to address the easement encroachment as well. This option would also be based upon discussing of the Planning Commission. Funding Source: All costs associated with this request are the Applicant's responsibility. Recommendation: Due to the nature, location and materials of the fence, Staff would recommend approving the requested variance for the fence. While the shed appears to be a quality structure and not necessarily a public nuisance, it does appear that the shed could be sited such that no variance would be necessary (this would also eliminate the need for an Encroachment Agreement as well) and thus, Staff would recommend not approving the variance for the shed location. Action: Motion to adopt Resolutions #15-10-246 and #15-10-247, adopting Findings of Fact #0953, and approving a variance to exceed the fence height only on the property located at 5650 156th Lane NW. Attachments Site Location Map Photo Exhibit Site Plan Resolution #15-10-246: Draft Findings of Fact Resolution #15-10-247: Draft Variance for Fence