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Subj ec t: #09 -3428 Michael r ~arilyn Huthw aite 3382 Bayside Road Background p,,. fl) f~ o-,t lfjl5IA-r ~- 3382 Bayside Road consists of four separate tax parcels under one address where a home has existed for a number of years . The applicants wish to redevelop and construct a new single family residence on the property. Because of the lot area requirements of the LR-1 A district, variances are required in order to do so . Additionally, the applicants are requesting creek setback, side and street yard setback, 0-75' and 75'-250 ' zone hardcover variances as well as a conditional use permit to conduct land a lteration work within the creek and creek banks . The redevelopment of the property has also triggered the application of the City's wetland regulations, requiring a buffer. Variances Street and Side Yard Setback: The applicants' proposed home encroaches into all of the required yard setbacks. They have proposed a 41.2 foot setback from Crestview , which will essentially become their fronUstreet yard with the driveway reorientation; a 48.2 foot setback from Bayside Road is proposed where a 50 foot setback is requi red from both streets . They have proposed 16 .9 foot to 24 foot setbacks from the side lot lines where 30 feet is required. Creek Setback: The house would be as close as 48 feet to the creek when the shoreland regulations require a 75 foot setback. Hardcover: Hardcover in the O to 75 foot zone is proposed to be 11 .24%, reduced slightly from the existing 11.4%. Hardcover within the 75'-250' zone jumps from an existing 11 .1 % to 33.6% proposed . In addition to the proposed 3,682 s.f. home and 715 square feet of proposed patio, and 2,018 square feet of hardcover in the driveway and courtyard, there are 315 square feet of groposed retaining walls and a pro Qosed foot bridge spanning the creek. Conditional Use Permit Since the earthwork will take place within the creek, within the O to 75 foot zone and exceeds 10 cubic yards a conditional use permit is required. The Planning Commission should discuss the 4 issues for Consideration outlined within the Staff Report. Di sc ussio n While the property is undersized staff finds that a reasonable home could be constructed within the required setbacks, although perhaps not as architecturally attractive as the proposed house . Considering the disproportionate lot area and zoning requirements it may be reasonable to grant setback variances to the side and even street yard requirements. However staff consistently holds to the lake and creek setbacks where feasible . Regarding the hardcover levels proposed staff finds that although the applicant has proposed beneficial changes to the property, specifically moving the gravel driveway out of the 75' setback, and proposing a significant amount of vegetative buffer, there is still a large amount of excess hardcover proposed on the property . The square footage of the proposed home, vehicle courtyard and patios are inconsistent with the philosophy of maintaining the minimum level of hardcover necessary to have reasonable use of the property and protection of surface water resources. The proposed bridge over Stubbs Bay Creek poses a number of issues. • City Code prohibits structures within 75' of this Protected Tributary. • The bridge constitutes hardcover within 75' of the tributary, which is not allowed City Code. • The bridge cannot be considered the equivalent of a "stairway, lift, landing or lockbox " that would be allowed at the shoreline of a lake because it is not needed for access to the shore due to the presence of a bluff or steep slope . • The bridge aQpears to function merely as an amenity to the pro P.erty -it is no t necessary to access to