03-19-2012 Planning Commission Packet

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C � 12-3544 13 March 2012 Page 4 of 5 the western wetland (Wetland 1). It appears the garage encroaches approximately 15 feet into the required buffer setback. Additionally existing and proposed structures and hardcover which encroach into the required buffer will require mitigation of buffer area square footage as impacted. The applicant has calculated the impacted buffer area and provided a buffer mitigation plan. However, the proposed mitigation is entirely within the ditch or right-of-way of Ferndale Road W. While it is an acceptable location for a buffer to filter road runoff, the mitigation area should be located on the applicant's property. Conditional Use Permit/Floodplain—Revised Comments . The floodplain grading plan has been revised to correctly indicate areas of cut and fill. It appears the applicant is offering an equal mitigation for the impacts on the lakeside of the home. It should be noted that the mitigation area is across the street within the Ferndale Marsh and not directly on the home site piece of the property. The applicant's plan to mitigate for the proposed floodplain impacts appears to be on track for a MCWD approval. Staff Discussion The lot was legally created prior to the adoption of the current zoning standards and the current home already existed when the current standards were adopted. The size, location and other norrconforming circumstances are unique to the property not caused by the landowner. -?�r�:, One factor in considering practical difficulty is assuring the request is in keeping with the character of the neighborhood and adjacent properties. The Planning Commission should determine if the � requested variances will alter the essential character of the locality. The proposed hardcover on the property and its proximity to the lake and wetlands offer few stormwater infiltration opportunities.The applicant has provided a planting plan for the buffer areas and additional trees for screening from Ferndale Road, however staff would still ask the Planning Commission to discuss whether requiring native plantings along the shoreline is appropriate. Issues for Consideration 1. Does the Planning Commission find that that the owners propose to use the subject property in a reasonable manner which is not permitted by an official control? 2. Are the hardcover levels and setbacks proposed supported by practical difficulties? 3. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? 4. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variances? . 5. Should the landscaping plan be revised to incorporate native plantings along the shoreline? . 6. Should the wetland buffer mitigation area be located completely within the subject property? 7. Are there any other issues or concerns with this application?