08-15-2011 Planning Commission Packet

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f �r. �'� ,� r FILE#11-3518 10 August 2011 Page 4 of 5 Alterations of topography must only be allowed if they are accessory to permitted or . conditional uses and do not adversely affect adjacent or nearby property. Comment: The final grading plan will be reviewed by the city engineer to assure the project does not adversely affect adjacent properties. Placement of natural rock riprap, including associated grading of the shoreline and � placement of a filter blanket, is permitted if the �nished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. A riprap permit shall be obtained per the requirements of section 78-969. NA Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the elevation or the ordinary high water level are subject to approval of the department of natural resources and other agencies with concurrent jurisdiction. NA Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the oning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend � approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Oronoxoning Code. Staff finds the applicant has a practical difficulty in the orientation and condition of the existing driveway. The driveway was not constructed in conformance with the approved plan and therefore has a shallow back-up area which does not meet the current minimum driveway standard. The applicant's proposal now slightly exceeds the required minimum and appears to be more functional. Staff supports granting the hardcover variance to reconstruct the driveway; granting a CUP and 0-75' hardcover variance to allow slope stabilization and construction of a new stair. Finally, while the applicant's proposal includes permeable pavers and a sub-grade system to treat the excess stormwater from the patio,the current code does not discount pervious pavers.