Agenda - Planning Commission - 01/07/2016

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configuration, which may help eliminate future encroachment issues, this would result in an even greater reduction in lot size and lot width and would still require corrections to the driveway encroachment and the substandard side yard setback of the deck still needs to be addressed. Additionally, the applicant is not supportive of further reducing their lot size/area to address these encroachments. Alternative #3: Do not approve the request for a variance to lot size, area standards. The structural encroachments appear to have existed for quite some time now and are not the result of actions of the applicant. If a variance were not approved, the improvements that encroach on the Subject Property would need to be removed before the owner of the Subject Property could complete a sale of the land. The removal work would result in significant land disturbances and likely significant loss of vegetation. Staff does not support this alternative. The Environmental Policy Board (EPB) reviewed this request at their December 21, 2015 meeting, due to the Subject Property being located in the Overlay District. The EPB reviewed this and was supportive of the proposal as it would result in minimal land disturbance compared to removal of portions of deck and home as long as the Variance included a condition that required the driveway encroachment not only be removed, but that the area be properly restored with vegetation. Funding Source: All costs associated with this request are the Applicant's responsibility. Action: Motion to adopt Resolutions #16-01-005 and #16-01-006 granting a variance to lot size and lot area at 14510 Bowers Dr NW, as depicted on the Subdivision Sketch, prepared by Rum River Land Surveyors & Engineers, dated October 29, 2015, and Resolutions #16-01-007 and #16-01-008 granting a variance to the minimum side yard setback for the existing deck at 14500 Bowers Dr NW. Attachments Site Location Map Bowers Mississippi Acres Plat Subdivision Sketch Resolution #16-01-005: DRAFT Findings of Fact for Lot Size and Width Resolution #16-01-006: DRAFT Variance for Lot Size and Width Resolution #16-01-007: DRAFT Findings of Fact for Deck Setback Resolution #16-01-008: DRAFT Variance for Deck Setback DRAFT Environmental Policy Board Minutes dated December 21, 2015 Form Review Inbox Reviewed By Date Tim Gladhill Tim Gladhill 12/29/2015 08:07 AM Chris Anderson (Originator) JoAnn Shaw 12/29/2015 08:14 AM Form Started By: Chris Anderson Started On: 12/18/2015 04:15 PM Final Approval Date: 12/29/2015