Agenda - Environmental Policy Board - 12/19/2016

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explained that if the variance were not approved the applicant would most likely go back and redraw the Preliminary Plat to split that lot between the remaining lots. Chairperson Stodola asked why staff is not recommending approval of the variance. City Planner Anderson stated that there is not a lot of excess side area to accommodate for potential improvements, noting that this is a minor encroachment. He stated that there does not seem to be a justification or practical difficulty to warrant the variance other than it being a minor encroachment. He stated that staff also believes that even though variances are considered on a case by case basis,there should be consistency in application of the rules. He noted that in a previous variance request the lots provided excess area in another portion of the lot. Councilmember LeTourneau asked if Lennar spoke at all about replatting, whether one less lot would prevent the project from moving forward. City Planner Anderson stated that he did not explicitly state that staff was not supportive of the variance, as staff was still discussing the topic up until today. He stated that from the perspective of staff they did not see the lot meeting the intent of the ordinance. He noted that it is a narrow strip of 125 square feet that encroaches into the wetland setback area, which is smaller than the encroachment that would have existed in the Brookfield case. Councilmember LeTourneau asked and received confirmation that the encroachment area is outside of the house pad and is the lot itself. City Planner Anderson noted that the Brookfield request did not include the house pad either, it simply eliminated buildable area on the property. Chairperson Stodola stated that he believes that the justification from staff makes sense and therefore would support the recommendation to not approve the variance. Board Member Hiatt concurred. Motion by Chairperson Stodola and seconded by Board Member Hiatt to recommend approval/denial of the variance request for lot depth on Lot 2, Block 1. Motion carried. Voting Yes: Chairperson Stodola, Board Member Hiatt, Bernard, Covart, and Trossen. Voting No: None. Absent: Board Member Anderson and Valentine. City Planner Anderson confirmed the consensus of the Board that the width is the major reasoning of the recommended denial of the variance request as the lot does not have much extra space. Motion by Board Member Hiatt and seconded by Chairperson Stodola to recommend approval of the Landscape Plan and Tree Preservation Plan, contingent upon compliance with the staff review letter. Motion carried. Voting Yes: Chairperson Stodola, Board Member Hiatt, Bernard, Covart, and Trossen. Voting No: None. Absent: Anderson and Valentine. Environmental Policy Board/November 21, 2016 Page 5 of 6