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3. #09-3428 MICHAEL AND MARILYN HUTHW AITE, 3382 BAYSIDE ROAD, VARIANCES, 6:59 P.M. -7:35 P.M. Michael and Marilyn Huthwaite, Applicants, were present along with Jeremy Steiner, Attorney-at-Law, and Rick Hendel , Builder. Curtis noted this application was tabled at the October Planning Commission meeting. The applicant originally was requesting a conditional use permit for grading within 75 feet of Stubbs Bay Creek as well as lot area, creek setback, and hardcover within the 0-75 foot and 75-250 setback zone variances in order to construct a replacement residence . At that time the Planning Commission directed the applicant to address the following: 1. The footprint of the home should be reduced in order to better fit within the required street, side, and creek setback. The creek setback was identified as a priority. 2. The attached garage could be reduced in order to alleviate a portion of the encroachment into the creek setback. In addition, the Planning Commission seemed to feel the CUP for stream bank stabilization and the variances for the proposed crossing or footbridge over the creek were acceptable . The applicants have reduced the overall size of the home footprint by only 167 square feet. However, they have reduced the proposed patios, reoriented the driveway and vehicle courtyard and have proposed a significant reduction in the portions of the home and hardcover to be located within the 75-foot creek setback. Their initial proposal was for 2,322 square feet of hardcover within the 0-75 foot zone. Their revision reflects a 965 square foot reduction within this zone . The revisions result in 365 additional proposed square feet within the 75-250 foot zone. The revision also proposes to meet the 50-foot setback on the western Bayside portion of the property and will only be two feet short of the 50-foot setback on the Crestview side of the lot. Moving the home farther from the creek results in a 60-foot setback where 75 feet is required, which is an improvement of ten feet from the previous plan. This shifting of the home to the north allows for only an I I-foot setback from the side Jot line and adjacent neighbor's property where a 30-foot setback is required. A 16-foot setback was initially proposed. The Planning Commission also indicated that the inclusion of hardcover mitigation measures such as native vegetation buffers , rain gardens, pavers, etc ., was encouraged. The applicants continue to propose to incorporate wetland buffers in the required areas as well as additional areas in order to attempt to mitigate for the excesses in hardcover. Staff still believes the design of the house does not fit the constraints of the property. The shape of the house seems to be a desire of the applicants to re-recreate their existing residence rather than design a home better suited to the property. Staff recommends the following: 1. Denial of the hardcover variance and structural setback variance to allow the foot bridge. 2. Approval of the conditional use permit subject to the MCWD requirements for the stream bank stabilization and the City Engineer's recommendations. 3. Approval of the lot area variance conditioned upon the combination of the four lots into one tax