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REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Jeanne A. Mabusth Title Building & Zoning Administrator DATE: June 5, 1995 ITEM NO.: Agenda Section: Zoning Item Description: #2015 Mark Harrington, 4080 Bayside Road -Conditional Use Permit/Variances -Resolution Zoning District: RR-lA, minimum 5 acre requirement. Total area = 5 + acres Additional Exhibits L -Applicant's Second Addendum 5/31/95 Brief Review of Application For more detail on this review please refer to the staff memo of May 4, 1995 enclosed in your packet and the Planning Commission minutes of the May 15, 1995 meeting. The applicant seeks approval of a conditional use permit for a guest apartment within the upper level of a 35'x44' addition to be placed to the northwest of the existing residence. The addition will also require a street setback variance and height variance. The property is located in the 5 acre zoning district requiring a 100' street setback. The existing structure is located 50.1' from the street lot line. The proposed addition will be placed 64.9'. Review Exhibits I and K, it is the intention of applicant to complete the construction of a new residence within two phases. The first phase consists of a four stall garage and expanded living area for his mother-in-law. The existing residence structure will be removed and a new structure installed to the immediate east of the 35 'x44' addition. Based on the location of the existing structure and the desire to move the proposed addition as far north as possible and maintain a reasonable connection to the existing residence, the addition could not be placed at the 100' street setback. The elevations begin to drop dramatically to immediate rear of addition. The height •rnriance results as applicant must place 3 ½' of fill beneath the grade level ·garage in order to aohieve the desired drainage. Drainage shall be directed to west and eventually to the north in order to save mature trees in street yard that would have been destroyed if drive had to be lowered to street elevation. Per the height definition the vertical height of the structure must be determined at the garage level. The 3 ½' of fill and the vaulted ceiling design impact the final determination of the legal height shown at 32½', refer to Exhibit E-1. The Planning Commission did not recommend an alteration to the vertical design of the residence and found the height variance to be acceptable.