This application was continued from the Board of Adjustment (BOA) at its March 25, 2021 meeting. The reason being that the BOA does not have the authority under the City's Land Development Code to determine variances that involve the amendment of setback to wetlands.
The authority of the BOA is at 8.05.01 of the LDC:
Sec. 8.05.01. - Generally.
A.Granted by board of adjustment. The board of adjustment may grant a variance from the strict application of the following dimensional requirements of the city land development regulations and the city Code of Ordinances: subsection 2.04.00 regarding lot area requirements and minimum yard setbacks; section 6.09.00 regarding setbacks, building separation and heights for accessory structures; section 6.03.02 regarding finished floor elevation; section 6.09.05, regarding fences, walls, hedges and enclosures; and section 6.09.04 regarding setback requirements for location of swimming pools.
Wetland setbacks regulations are located within the LDC at 5.03.02 C1 and 5.03.02 C4.
Upland buffer requirements for verified wetlands. To protect wetlands, upland buffers around wetlands shall be provided and preserved around each wetland or portion thereof on the property.
1. The minimum average width of an upland buffer shall be 50 feet and at no point shall its width be less than 25 feet. The minimum average width of an upland buffer around an outstanding resource wetland shall be 75 feet and at no point be less than 50 feet
4. An upland buffer shall be protected by a construction setback of ten feet from the upland buffer boundary. For accessory structures, the setback from an upland buffer shall be a minimum of five feet. Within this setback area, no earthwork, construction or placement of structures shall be permitted.
The applicant, Douglas Bournique, owner of the lot (4) on the north side of Indian Groves Drive, is requesting 4 related variances to the Land Development Code, in order to develop the property. The owner has a set of proposed plans for a two story duplex, and an alternative set for a single story. The variance requests are necessary due to requirements in Section 5.03.02 C1 and 5.03.02 C4, which require an upland buffer from wetlands and a construction setback from the upland buffer.The buffer requirements to an outstanding wetland resource, such as the wetlands along Poppleton Creek, are 75 feet minimum average, no less than 50 feet, with a construction setback of 10 feet from the buffer. If applied to this property,which is 102 feet deep on the east property line and 182 feet deep on the west property line, a majority of the property would be made unbuildable. Therefore, the applicant is requesting relief from the Land Development Code.
A fourth variance request is to vary the front setback, in order to move the building as far from the wetlands as possible. A 15 foot overhead utility line easement is shown on the survey, meaning that the applicant may not be able to move the proposed duplex any closer than 15 feet. The applicant is requesting the front setback be reduced from 25 feet to 15 feet, without the provision of including a front porch.
The applicant has provided architectural rendering and footprint of a proposed two-story duplex, which is the primary request. The applicant has also provided an alternative request for a single story duplex, should the Board of Adjustment desire to accommodate a smaller duplex.
The applicant has also provided a memo from Atlantic Environmental, dated February 3, 2021. This memo states that the buffer reduction, if issued, should have no environmental harm associated with that action. Staff notes that variances to neighboring property to the west of the subject property was granted, reducing the required upland buffer setback from 75 feet to 5 feet, and the construction buffer from 10 to 5, or a total of 10 feet. The applicant is requesting a total of 25 feet.
Any development on this lot will need to comply with recent Land Development Code amendments relating to storm water treatment on infill residential lots at 6.03.01.G (code attached).