09-19-2011 Planning Commission Packet

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. � � . � FILE#11-3524 14 September 2011 Page 2 of 4 The adjacent property contains a large, Preserve classification wetland which extends onto the applicants' property. Preserve wetlands are determined to be the highest quality wetlands.They also warrant the highest level of protection which equates to the largest buffer; a 50-foot buffer plus a 20-foot structural setback from the buffer is required. Earlier this summer, the applicants applied for a permit to construct a small dining room addition to the north side of the home. This addition did not trigger the buffer requirements of the wetland ordinance [78-1601(c)]. The staff estimation of the edge of the buffer placed the proposed dining room addition outside of the required 70-foot total setback from the wetland. To avoid undue financial burden to the applicants, staff uses the best information available to make these determinations without requiring a wetland delineation. If the project had triggered the buffer requirement of the wetland ordinance a wetland delineation would have been required as a matter of course. Because the applicants are now requesting a permit to consfruct the garage addition, which is located much closer to the wetland, a wetland delineation was necessary and required. The project (plus the dining room project) does not move enough soil to trigger the requirement to implement the 50-wide vegetative buffer therefore a buffer plan is not required. Section 78- 1608(3)(c) prohibits the creation of new non-conformities; the garage must be constructed to meet the required 70-foot total setback. As indicated by the attached survey, the 70-foot setback extends into the middle of the existing home. It should be noted that the new dining room addition partially encroaches into this setback as well. The applicants are requesting a variance from the required 70-foot setback in order to construct the garage addition. They have proposed the creation of a native planting area and rain garden in order to mitigate the potential negative impacts from the proposed encroachment. • ------------------------------------------------------------------------------------ LOT ANALYSIS WORSHEET Lot Area/Width: R-1A Lot Area Lot Width Required 43,560 s.f. (1.0 acre) 140' Actual 28,600 s.f. (0.66 acre) 80' R-1A Setbacks: R-1A Required Existing Proposed Front 35' 82' 80' Rear 30' S8' 52' North Side 10' 53.5' No change South Side 10' 23.5' 10' Wetland Setbacks: Preserve Classification Required Existing Proposed House 70' (50'+20') 28' 16'