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( \ Item Description: #09-3428 Michael & Marilyn Huthwaite 3382 Bays ide Road -Variances & Conditional Use Permit -Resolution Application Summary: In order to construct a replacement residence the applicants are requesting the following : 1. A lot area variance for 34,400 s.f . where 87,120 s.f. is required ; 2. A street setback variance to allow a 48 ' setback from Crestview where 50 ' is required ; 3. A side yard setback variance to allow 11 ' where 30 ' is required ; 4 . A creek setback variance to allow 60 ' where 75 ' is requ ired ; 5. Hardcover variances to allow 6.57% within the 0-75 ' zone and 36 .33% within the 75'-250 ' zone where 0% and 25% are allowed ; 6 . Hardcover and structural setback variances to allow a footbridge to cross Stubbs Bay Creek ; and 7. A conditional use permit for grading within 75 ' of Stubbs Bay Creek (for stream bank stabilization). The property is currently 4 separate tax parcels which are proposed to be combined in conjunction with a building permit. At the October Planning Commission meeting , the applicant was requesting side yard , both street yards and creek setback variances as well as hardcover variances in both zones. They were d irected to explore reducing the footprint of the proposed home in order to better fit inside the required setbacks; the creek setback was cited as a priority . The Planning Commission seemed to feel the CUP for stream bank stabilization and the variances for the proposed footbridge over the creek were acceptable . At the November 161h Planning Commission meeting the applicants had not completely eliminated the encroachment and hardcover within 75 ' of the creek however the Commission felt the applicants had followed their general direction with their revis ions . The Planning Commission recommended approval of the revised plans with a 5-0 vote . Planning Staff Recommendation Staff still feels a different home design could better accommodate the challenges of the lot specifically the creek setback. Staff also continues to recommend denial of the footbridge over the creek . There are existing safe alternatives for access to the southern portion of the property via Crestview or Bayside Road . Staff has prepared a Resolution based on the Planning Commission 's recommendations of approval of the variances and condit ional use permit. COUNCIL ACTION REQUESTED Tonight staff requests that the Council adopt or amend the attached Resolution . J,u---~~ne,t--