02-08-1993 Council Packet - Laserfiche WebLink

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Zoning File ^1792 February 4, 1993 Page 2 The area variance portion of the application was not of major concern since the City had included the parcel within the Stubbs Bay Sewer District and granted a reduction in the principal amount of an assessment based on the unique findings and history of applicant’s ownership of the property (review Exhibit L). The major concern was the setback from the protected tributary', The Planning Commission was asked to consider specific issues surrounding the variance setback from the tributary. Members were asked to consider the size of the residence and compare with residences on adjacent lots. In a survey of the developed lots adjacent to the tributary, the average setback was 73’ when prior to the Shoreland Regulations of 1992 the setback would have ^en 26’. When applicant was questioned as to the size of the structu;^, Gronberg advised that the adjacent neighbors were also proposing major additions to their residences that will probably require similar variances. This was also confirmed by a neighbor in support of Gronberg ’s application who advised that now that sewer was available to these properties, the residents were planning to proceed with major improvements of their residences. The Planning Commission recommendation was greatly influenced by applicant’s statements related to the pond level and that pond has been artificially created by a dam installed by developer over 30 years ago. Gronberg noted if creek existed as it did prior to the dam, the width of the creek was no more than 3’ to 4’ and would have been located at the mid-point of the pond width that intersects property along the east (refer to Exhibit E) He noted that strictures would meet required 75’ setback. Staff would agree the dam was not installed as a flood control structure. The City never obtained easements over structure or ponding area. The open water area now provides the positive function of providing a sediment trap ridding the southern flow from large sediment before it enters into the Stubbs Bay watershed. The reality is that the dam will never be removed because homeowners will never willing diminish their property values. The pond has existed for over 30 years and the majority of the surrounding lots developed under ru.al .standards. The applicant’s hardships stated in his addendum. Exhibit B, are reviewed on Page 4 of the enclosed staff memo. Please review the enclosed packet of information prepared for the Planning Commission for more background and detail on the variance application. The Planning Commission recommended unanimous approval of the area and setback from the protected tributary requiring also approval of hardcover variances within the 0-75’ setback area. Options of Action To approve the application as set forth in the enclosed approval resolution based on the Planning Commission ’s recommendation. Note that the original findings developed by staff for Resolution No. 31^*^ granting a reduction of a principal amount of assessment has been repeated as necessary findings in the granting of the area variance. As for the variaiKC setback front the tributary, staff has included the hardships presented by applicant and accepted by the Planning