Agenda - Planning Commission - 08/04/2016

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Motion Carried. Voting Yes: Acting Chairperson VanScoy, Commissioners Nosan, Andrusko, Brauer, and Maul. Voting No: None. Absent: Chairperson Levine and Commissioner Bauer. 5.03: Consider a Request for an Amendment to a Variance at the Property located at 15401 Neon Street NW (Project No. 16-86); Case of Gregory and Rachelle Binfet Presentation Community Development Intern Meyers presented the staff report stating the Planning Commission is being asked to consider a request for an amendment to the Variance that was granted by the Commission on 5/2/16 for the property located at 14301 Neon Street NW. The variance allowed the Applicant to construct an accessory building 1.) within the fifty (50) foot OHW setback, 2.) nearer the front lot line than the principal structure, and 3.) to be served by a second driveway. The conditions of the variance, as arrived upon at the regular Planning Commission meeting 5/2/2016, required that the structure maintain a minimum separation from the OHW, of twenty-nine (29) horizontal feet and 1.8 vertical feet. The Applicant requests that the Commission reconsider the condition requiring the structure to maintain a distance of twenty- nine (29) horizontal feet from the OHW. The Applicant requests the Commission to consider a distance of twenty-five (25) horizontal feet instead. This is the result of a more detailed site survey, as required by the Planning Commission. The proposal still keeps the proposed structure out of the shore impact zone, a key component to Staffs review. Staff stated with consideration to the fact that the structure remains outside of the Shore Impact Zone, and maintains the 1.8 feet of vertical separation between the structure and the OHW, staff is in favor of the request. Commission Business Commissioner Brauer asked for information on the angle. City Planner Anderson replied that the structure itself is not necessarily angled but it is the contour of the ordinary high water mark that angles and noted that the only part close to the 25- foot mark is the southeast corner of the garage. He stated that the applicant is attempting to minimize tree loss adjacent to the water body. Commissioner Andrusko confirmed that this is a signed survey. Commissioner Nosan asked the type of water behind this property. Community Development Intern Meyers replied that the north side of the property has an elevation of 864.4 feet whereas towards the water the elevation drops to 857.8 feet. She stated that the further north you go, there is a steeper slope. Community Development Director Gladhill stated that it is wetland with standing water. He stated that is a public water body. Commissioner Andrusko asked the purpose in requesting a second signed survey. Planning Commission/July 21, 2016 Page 7 of 20