08-24-2020 Council Packet - Laserfiche WebLink

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2 The County initiated talks with the property owners regarding acquisition of the entire property; however, the property owners were not interested. The parties have agreed to the roundabout road right-of-way easements with the condition that variances be granted to make the existing house and deck structures legal conforming. Without the variances, the structures would be considered legal non-conforming and subject to the regulations of the City’s Non- Conforming Uses and Structures ordinance. Building Setback Variance Per Section 1007.090(2)(d), the required building setback from a local street (West Shadow Lake Drive) is 30 feet and from an arterial road (Birch Street) is 40 feet. The following chart summarizes the setback variances: Street Required Setback Proposed Setback Variance West Shadow Lake Drive 30 ft 34.3 ft No variance needed CSAH 34 (Birch St) 40 ft 28.3 ft-southwest corner of house 11.7 ft CSAH 34 (Birch St) 40 ft 29 ft-southwest corner of deck 11 ft CSAH 34 (Birch St) 40 ft 34 ft-south perimeter of deck 6 ft Fence Height The property owners also requested a berm and 6 ft privacy fence be installed on the southwest section of the property for additional screening. City code Section 1007.043(17)(f)-Screening, Landscaping and Buffer Yards allows for a 6 ft screen between residential uses and arterial roads. The screen can be a 6 ft fence, berm or a combination of both. Typically, these screens are located along the side or rear lot lines of a residential development, not along the front lot line. Section 1007.043(18)(f)-Fences and Walls does not allow for a fence greater than 4 feet in height in the front yard. A variance to allow for a 6 ft cedar privacy on a 1.5 ft berm in the front yard as shown on the attached Boundary Survey would provide additional screening and privacy and eliminate future any issues or concerns with the screen fence. Driveway There are currently two driveway/curb cuts onto West Shadow Lake Drive. The southern curb cut will be eliminated with the roundabout construction. The northern driveway will remain. No variance is needed. Findings of Fact Resolution No. 20-91 details the findings of fact.