Agenda - Planning Commission - 06/02/2016

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The variance proposal is the second of two (2) proposals the Applicant has submitted to the City. The first, or `original' proposal located the structure nearer the OHW, and within the Shore Impact Zone. The original proposal was discussed during the Staff Development Review meeting held on May 10th, 2016, where concerns were raised in regard to potential drainage issues and the likelihood of occurrence during wetter than normal years. This was raised as a concern because there have been past examples in which the City had to rework and/or redesign grading to eliminate water issued in a basement and/or septic system. The original proposal was also reviewed by the Environmental Policy Board at their May 16, 2016 meeting. The EPB also noted concerns with the proximity to the OWH and the lack of elevation difference between the OHW and the elevation of the lowest adjacent grade to the proposed building The EPB noted that they would be supportive of Staff continuing to work with the Applicant to find a more suitable location for the detached structure but would not support it in the originally proposed location. Finally, the DNR reviewed the proposal and although they chose not to comment, they requested the Planning Commission be furnished with supplemental information pertaining to the ecological importance of that area within fifty (50) feet of the OHW, listing some key considerations for variance approval. That literature has been attached for your review. Staff met with the Applicant at the Subject Property on May 17th, 2016, to discuss the original proposal and to attempt to locate an alternative site that would reduce the OHW encroachment, while still allowing for tree preservation and minimal impact to the viewshed of Ramsey Terrace Pond that is enjoyed by neighboring residences. Details of the adjustment are outlined in Table 2, below. First Proposal Second Proposal Change Distance from OHW Change in Elevation from Structure to OHW 18 feet 10.95 feet 29 feet* 11 feet* 1.8 feet* 0.9 feet* Table 2. Relation Between the First and Second Proposal. Applicant has stated they are willing to "haul -in black dirt or fill" to increase the elevation of the structure if need be. Zoning Requirements All other zoning requirements appear to be met. Due to the constraints of the lot, it appears that siting an accessory building almost anywhere on the Subject Property would likely require a variance. Three (3) Factor Variance Test A variance may be granted if enforcement of a zoning ordinance provision as applied to a particular piece of property would cause the landowner "practical difficulties." For the variance to be granted, the applicant must satisfy the statutory three -factor -test for practical difficulties. If the applicant does not meet all three factors of the statutory test, then a variance should not be granted. Also, variances are only permitted when they are in harmony with the general purposes and intent of the ordinance, and when the terms of the variance are consistent with the comprehensive plan. The three -factors of the practical difficulties test are as such: 1. The property owner proposes to use the property in a reasonable manner. 2. The landowner's problem is due to circumstances unique to the property not caused by the landowner. 3. If the variance is granted it will not alter the essential character of the locality. Alternatives Alternative #1: Approve Resolutions #16-05-105 and #16-05-106 granting a variance to the OHW setback, the front yard setback, and allowing a second driveway. The Applicant has attempted to site the building in a location that not only minimizes deviations from City standards, but also does not obstruct neighboring property owners' views of Ramsey Terrace Pond. Staff would be supportive of the request if an updated survey were completed that confirms