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09-3428 12 November 2009 Page 3 of 3 Additionally , the revision proposes to meet the 50' setback on the western Bayside portion of the property and will only be 2 feet short of the 50' setback on the Crestview side of the lot. Moving the home further farther from the creek results in a 60 ' setback where 75' is required an improvement of 10 feet from the previous plan . This shifting of the home to the north allows for only an 11 ' setback from the side lot line and adjacent neighbor's property where a 30 ' 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. Issues for Consideration 1. Have the applicants fully addressed the areas of concern outlined by the Planning Commission at the October meeting? 2. Does the Planning Commission feel that the proposed hardcover has been adequately mitigated with the applicants ' proposal? 3. The applicants' have proposed a 22 ' setback between their proposed home and the adjacent neighbor's home. Does the proposed and existing vegetation provide sufficient screening for privacy? Does the 22 foot separation allow for appropriate open space between dwellings in the context of this neighborhood? 4. Are there any other issues or concerns with this application? Staff Recommendation 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 . That being said Planning Staff continues to recommend 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 4 lots into one tax parcel prior to the issuance of a building permit and compliance with the wetland buffer requirements. Further Planning Staff recommends : 1. Approval of the proposed side and street setback variances as revised . The creek setback encroachment could be further improved upon however staff feels the applicants have met the direction of the Planning Commission . 2. Approval of some level of hardcover variances as the Planning Commission deems appropriate in conjunction with the following : a. Implementation of the proposed mitigation measures consisting of native vegetation areas between the home and the creek . b. Patios , sidewalks , courtyard and driveway to be constructed using pavers.