This item appears before the City Commission as the Board of Adjustment 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.
The Evaluation and Appraisal Report update to the Comprehensive Plan identified several residential lots on Poppleton Creek that were adversely affected by wetland buffer requirements. This parcel is specifically excepted from the minimum average buffer of 50ft and minimum width of 25ft at policy 5.A5.5.C.iii (which states):
iii. As delineated in the map of potential single-family properties within a buffer distance of a significant wetland, properties with the following property control numbers are except from the minimum average buffer of 50 feet and minimum width of 25 feet:
083841007006000110; 093841001002001303: 083841007003001502; 083841024000000107; 093841008000001104; 093841001002000705; 093841001002000108; 083841033000000106; 083841007006000100; 093841001002001410; 093841008000001202; 093841001002000901; 083841007006000500; 083841007003001405; 083841007006000604; 093841001002000509; 093841001002000402; and 093841001002001508.
Therefore, the request is in compliance with the Comprehensive Plan.
In addition, wetland buffer regulations are located within the Land Development Code at 5.03.02 C.1 and 5.03.02 C.4 (extracts below):
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.
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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 and owner of lot 5/6, located on the north side of Indian Groves Drive, is requesting three (3) related variances to the Land Development Code. 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 for the principal building of 10 feet from the buffer. If applied to this property, which is 45.29 feet deep on the east property line and 80.05 feet deep on the west property line, most of the property would be made unbuildable. Therefore, the applicant is requesting relief from the requirements of the Land Development Code.
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).