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01-10-07-PC
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01-10-07-PC
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11/10/2015 9:03:13 AM
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<br /> The applicants indicated in their statement that the high groundwater level makes it <br /> impossible to construct a basement to provide more living space. While data has not been <br /> . submitted to confirm this statement, the proximity of the structure to the lake and ditch, along <br /> with the minimal increase in elevation from the lake to the ground level of the structurc <br /> makes their asscrtion highly probable, <br /> -~ FloodPlain, \Vetlands, Easements, and the Drainage Ditch Setback <br /> ,-. <br /> The existing house and the proposed addition are outside of the 100-year flood plain and. the <br /> addition \vould not encroach on any drainage or utility easements, There is a twelve foot <br /> wide drainage easement along the full length of the eastern property line, which is shown on <br /> the survey and includes a portion of the ditch that connects Lake Johanna to Little Lake <br /> Johanna, <br /> Ricc Creek Watershed District (RCWD) was consulted about the drainage ditch along the <br /> eastern side of the property to determine ifthcre arc any required setbacks from the ditch <br /> beyond thc City's normal side-yard setback. Since the drainage ditch is connected to the lakc <br /> and has an ordinary high water mark (OHW), RCWD docs rcquire a fifty foot setback from <br /> the edge of drainagc ditches. The setback is usually nceded to help makc ccrtain that nc\\' <br /> structures are built outsidc o[the flood plain, <br /> Although the existing building and thc proposed addition arc outside of the Hood plain, a <br /> variance is still required to construct all addition within fifty feet of the edge of the drainage <br /> . ditch. This application will likely require approval from RCWD before the City could issue <br /> any pe1l11its. Since the proposed addition is buffered by the garage from the ditch. does not <br /> get closcr to the ditch than the existing encroachment, and is outsidc of the flood plain and <br /> \vetlands, it is likely that this application \volJld mcet RCWD requirements. <br /> J. Previous Planning Case <br /> There arc two prior planning cases for this property related to encroaching on the front yard <br /> sctback. <br /> Planning Case 74-10. which was approved on May 13. 1974, permitted the property owner at <br /> that time to construct a garage that \vOLtld havc encroached approximately 2.5 feet into the <br /> front yard setback. Aftcr reviewing this planning case, it appcared that the propcrty owncr at <br /> that time had encroached more than the approved 2,5 fect. However, it has since been <br /> discovcred that an additional variance was approvcd in 1981 tor the property, Planning Case <br /> 082-22 approvcd an 11.5 toot encroachment into the front yard setback. According to the <br /> meeting minutes from 1982. the 2.5 toot cncroachment that was approved in 1974 was nevcr <br /> constructed, ;\Icverthclcss, the existing garage docs appear to encroach about fourtecn feet <br /> into the front yard setback. <br /> ('it\, (J/A rdL'1I 1 fills <br /> . PIUI/lli/li!: COII/missioll MCL'lil/gfin' JllIl//llIT I fJ, ]1.107 <br /> ;;..\f"I/'O illl'l,/IS'lIrd,,"hi//s</'/lIl1l1ilg;{'/lllllillg CII,\'(',\';:!(}()f>;{)(,..(135 11/1.\'('11 I-'II/'i/lll(,(' (/'/,';\,/)/;\,(;(/ :!:!(}(}f> -PC R"porl- 1111.\"('/1 "'lIrilll/("',.f",, <br /> Page 5 of l) <br />
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