05/08/2000 Council Packet - Laserfiche WebLink

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• • • AGENDA ITEM 6 C STAFF ORIGINATOR: Mary Kay Wyland DATE OF MEETING: May 8, 2000 TOPIC: Variance, David Pearson, 6280 Ware Road REQUIRED VOTE: Simple Majority DESCRIPTION: Mr. David Pearson is requesting a variance to allow a single family home at 6280 Ware Road to be located closer than the required 40' from the property line on a collector roadway. The Ordinance requires a minimum setback of 40'. The applicant has redesigned the proposed dwelling to minimize the setback required which will be 28.99' at the north /west corner and 36.59' at the south/west corner. The variance requested ranges from 11.01' to 3.41' on the Ware Road side of the property as indicated on the survey dated4 /30/00. The 11.1' variance applies to the north/west corner of the 6' x 12' bedroom area extension as shown on the plan and is then reduced to a 3.41' variance at the south /west corner of the attached garage. The garage entrance will be from Coyote Trail. This request has been modified from the Planning and Zoning Board meeting by moving the dwelling 1' closer to Ware Road to allow construction of a retaining wall on the easterly side of the home adjacent to some steep grades. A revised survey was prepared and reviewed by the City Engineer who indicated that the proposed retaining wall was unacceptable. City Ordinance allows a maximum wall height of 42" with a 3' landing on tiered designs. The applicant does have 10' in which to construct this wall, however, the City would need additional detail to insure no work occurs in the wetland. Alteration or work within the wetland would require permitting from the Rice Creek Watershed District. This particular lot is the only vacant lot in the Pine Ridge 3`a Addition. The parcel contains a large wetland /drainage easement constricting the buildability of the lot and constituting a hardship to the land. For Council information, the Pine Ridge Additions contain restrictive covenants that require all homes to be within a specified value range. According to the builder /owner, this home, at this size, falls within the value range required, a smaller dwelling would not meet that requirement. City Ordinance does not provide enforcement of this private covenant.