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3382 Bayside Road - 05-117-23-14-0069
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09-3428, VAR
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Project Packet
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10/2/2025 2:38:13 PM
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The Planning Commission should consider the following issues : <br />1. Will the proposed home be compatible with the surrounding neighborhood ? <br />2. What is the impact of the creek setback variance on hardcover? <br />3 . How does the size of the proposed home impact location as it relates to the setback variances as <br />well as the hardcover variances? <br />4. How may the hardcover impacts be offset? The applicants have proposed native plantings in <br />conjunction with this project between the proposed home and the creek. <br />Precedent has been set regarding approval of the requested lot area variances . The City routinely grants <br />these types of requests when no other land is available for acquisition, the lot was legally created prior to <br />adoption of the current zoning standards, and a house existing on the lot when the current zoning <br />standards were adopted . <br />Planning Staff recommends the following : <br />I. Denial of the hardcover variance and structural setback variance to allow the foot bridge. <br />2. Approval of the conditional use permit subject to the MCWD requirements for the stream bank <br />stabilization and the City Engineer's recommendations. <br />3. Approval of the lot area variance conditioned upon the combination of the four lots into one tax <br />parcel prior to the issuance of a building permit and compliance with the wetland buffer <br />requirements. <br />#09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED <br />4. Denial of the proposed creek, side and street setback variances as proposed. The footprint of the <br />proposed home should be reduced in an attempt to meet some or all of the setback requirements <br />particularly the creek setback. <br />5. Approval of some level of hardcover variances as the Planning Commission deems appropriate in <br />conjunction with the following: <br />a. Reduction or reorientation of the size of the home to reduce the hardcover within 75 feet <br />of the creek . <br />b. Reduction of the proposed patios and vehicle courtyard as the Planning Commission <br />deems appropriate. <br />I) Provision of mitigation measures including rain gardens and/or native vegetation <br />areas between the home and the creek. <br />2) Patios, sidewalks , courtyard and driveway to be constructed using pavers. <br />Jeremy Steiner, Attorney-at-Law, stated the applicants do not believe any significant changes to the <br />footprint or orientation of the house are warranted or appropriate. Steiner stated the standards for <br />granting a variance have been met based upon their hardship statement. Variances allow flexibility from <br />the City 's zoning ordinances when a lot is developed prior to the adoption of certain ordinances. This lot
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