Agenda - Planning Commission - 07/22/2021

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encroachment. Secondly, that Lots 3-5 will be restricted to a single driveway access point (the zoning district would allow for two access points) to eliminate future encroachments. Finally, that culverts are placed under the three (3) driveways to ensure ecological connectivity between the wetlands. The Environmental Policy Board (EPB) is reviewing this request at their July 19, 2021 meeting. Staff will provide a verbal update of their recommendation at the meeting. When contemplating a variance, a three (3) factor test must be applied to determine practical difficulties: 1. Reasonableness - The project is reasonable, as it is proposing nine (9) total lots over ninety-four (94) acres of land, of which, about thirty (30) acres is wetland. The proposed impacts of the three (3) driveways on actual wetland area is only 270 square feet, which is under the de minimus exemption outlined in the Wetland Conservation Act (WCA). It may be possible to add more fill within the wetland areas and still remain within the de minimus exemption; however, that does seem contradictory to the purpose of the WCA. 2. Uniqueness - There are unique conditions applicable to the Subject Property. Approximately 1/3 of the Subject Property is encumbered with wetland and floodplain. The Applicant has proposed a project that really does minimize impacts to natural resources. Access to the larger, buildable areas of Lots 3-5 (where encroachment in the form of fill, sod, etc.) is obstructed due to the location of several small, pocket wetlands, and the required wetland setback. The project is attempting to minimize impacts to existing natural site conditions (wetlands, flood plain, tree cover). 3. Essential Character - The proposed subdivision would not alter the essential character of the neighborhood. In fact, the project includes far fewer lots than would be allowed by City Code. The current configuration has the least impact to existing site conditions and includes lot sizes more compatible with surrounding properties. Furthermore, it is consistent with the community's desire to retain rural character. Alternatives Alternative 1: Approve the requested variance to wetland setback requirements on Lots 3-5 to accommodate driveway access to building sites. Locating the house pads north of the small, pocket wetlands (but south of the large wetland complex) provides more wide open space for future homeowners to establish a 'usable' yard without inadvertently filling wetland area. Overall, this project has strived to limit impacts to natural resources and attempted to retain rural character by proposing fewer total lots, that by and large, far exceed minimum lot size. Any redesign of the Preliminary Plat would likely result in greater impacts to the natural resources on the Subject Property. Staff supports this alternative. Alternative 2: Deny the requested variance. Should the requested variance be denied, the Applicant would need to revise the Preliminary Plat to eliminate encroachment into the wetland setback areas on Lots 3-5, which most likely would result in greater impacts to natural resources. The proposed impacts from the three (3) driveways fall under the de minimus exemption regarding actual wetland impacts. The location of the small, pocket wetlands restrict access to the larger, buildable areas on these lots, where there is much less likelihood of wetland encroachments by the future homeowners. Staff does not support this alternative. Funding Source: The Applicant is responsible for all costs associated with this request. Recommendation: Staff recommends approving the requested variance. An update regarding the EPB's recommendation will be provided at the meeting. Action: Motion to adopt Resolution #21-203 granting a variance to deviate from the wetland setback requirement on Lots 3-5, Block 1 Williams Woods. Attachments