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Follow-up <br /> August 1,2011 <br /> Page 2 <br /> - The adjacent wetland is mapped as a "Manage 2" wetland protection classification, which <br /> requires a 25' wetland buffer and a 20' setback from the buffer, for a total of 45' separation <br /> between the wetland and any portion of structure (or overhang). <br /> - The building permit survey shows the house set back 3' from the south side lot line. Along <br /> the south side of the house in the area of the existing patio door, separation between the <br /> wetland and the house is about 48'. <br /> - Under today's City ordinances, even if the MCWD buffer mitigation area can be relocated, <br /> a deck extending from the area of the existing patio door could not extend more than 3' out <br /> from the house without requiring a variance to the City's requirement for a 20' setback <br /> from the buffer. A deck extending 12' out from the house would require a 9' buffer setback <br /> variance. <br /> - The code contemplates allowing `buffer flexibility' (revising the depth of required buffer) <br /> in situations where existing structures are located in an area that would be required for <br /> establishment of a buffer. That is not strictly the case here, and would not be applicable. <br /> - It is questionable whether the Planning Commission and Council would find that the <br /> "practical difficulties" necessary to grant a variance are present. One of the considerations <br /> is whether the situation requiring the variance was created by the property owner. Because <br /> the area of the integral deck originally contemplated for your townhome (and all other <br /> townhomes in Stonebay) as a matter of choice was constructed as interior space rather than <br /> as a deck, this test might not be satisfied. <br /> To summarize, a variance is not guaranteed even if you do work things out with the MCWD and <br /> even if your Homeowners Association agrees to re-platting. After the staff discussions last <br /> Thursday, it seemed that I should follow up with you. <br /> Please feel free to call me if you want to discuss this further (9�2-249-4622). <br /> Sincerely, <br /> . <br /> � <br /> Michael P. Gaffron <br /> Assistant City Administrator <br />