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STAFF REPORT <br />DATE: 7/2/2024 <br />REGULAR <br />MOTION <br />TO: City Council <br />FROM: Sophia Jensen, City Planner <br />AGENDA ITEM: Variance Request – 8286 Hidden Bay Court <br />INTRODUCTION: <br />Jeff and Judy Otto (Applicants) submitted a variance application for a reduced ordinary high <br />water level setbacks for a new home on the property located at 8286 Hidden Bay Ct (Subject <br />Property). This is a deviation from the City’s Shoreland Management Overlay District Code <br />Section 105.12.1260 Table 17-3 for unsewered shoreland lots. <br />The existing home is considered a legal nonconformity because it is within the 100 foot ordinary <br />high water level (OHWL) setback, and because the impervious surface maximum for unsewered <br />shoreland lots is exceeded. The applicants are looking to demolish the existing home and <br />construct a new single family home. <br />In 2023 the applicants requested a structure setback variance (to 36.9’), septic setback variance <br />(to 38.3’), and impervious surface variance for the property (to 21.8%). They withdrew the <br />structure setback and impervious surface requests prior to City Council action and only received <br />a variance for the septic setback from the OHWL. <br />The applicants have since revised their plans to come into compliance with impervious surface <br />requirements. They have reduced the site from the existing 18.3% down to 15% hard cover. Due <br />to the unique nature of the lot the applicants are still requesting a variance for a structure setback <br />from the OHWL although they are not encroaching any further than the current house and <br />requesting a smaller variance that in 2023. <br />Request Required Existing Proposed <br />Structure Setback from OHWL 100’ 47.2’ 47.2’ <br />ISSUE BEFORE CITY COUNCIL: <br />The City Council is being asked to make a determination on the variance request. <br />VARIANCE REQUEST DETAILS/ANALYSIS: <br />Address: 8286 Hidden Bay Court North <br />PID: <br />Variance Requests: <br />09.029.21.23.0013 <br />The applicant is seeking deviations from LEC 105.12.1260 <br />Table 17-3 which requires structure setback from the OHWL to <br />be 100 feet. <br />Existing Zoning: Rural Single Family, Shoreland Overlay District, <br />Valley Branch Watershed District