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4.0 BACKGROUND 4.1 Mr. Kempton owns the residential property at 2619 Wheeler Street. The property has a Comprehensive Plan designation of Low-Density Residential (LR) and a zoning classification of Single-Family Residence District (R-1). 4.2 The rear (i.e., western end) of the property is overlapped by a wetland. Although the existing wetland was further excavated in 2005 as part of the County Road C reconstruction project to better accommodate storm water runoff, characteristics of a natural wetland are still present. A building setback of 50 feet from the wetland boundary is, therefore, applicable. 4.3 Mr. Kempton originally thought that the proposed garage would require a variance to the impervious coverage limits in the City Code; this is reflected in the applicant's narrative (Attachment D). After reviewing the proposal, City staff determined that the proposal would not, in fact, exceed the allowable impervious surface area, but would instead need a variance to the required building setback from a wetland. 5.0 STAFF COMMENT 5.1 Section 1004.016 (Building Setbacks) of the City Code requires a minimum side yard setback of 5 feet for accessory structures. The proposed detached garage would be built 3 feet from the side property line, which requires a 2-foot variance; such an encroachment could be accommodated administratively through the Setback Permit process were it not for the encroachment into the required setback from a wetland. 5.2 Section 1016.16A (Wetland Setbacks) of the City Code requires a minimum building setback from a wetland of 50 feet. The existing garage appears to encroach into the required setback by as much as 15 feet, and the proposed garage would encroach as far as 23 feet into the wetland setback. 5.3 In October 2006, Community Development staff recommended denial of a request for a variance to allow a principal structure addition to encroach into the setback from a similar wetland. In that instance, staff was unable to find a hardship; prior to improvement of the property in 1996, the building envelope on the property was informed by the (then) newly-delineated wetland, and the house was built to the limits of those setbacks. While the proposed addition would have been a nice enhancement to the home, City staff was not convinced that the addition would have improved the livability of the residence signifcantly enough to justify the requested variance. 5.4 This situation is different in that the wetland setback ordinance was adopted in 1994 (Ord. 1 I 56), long after the property was improved in 1956. Because the setback line from the wetland boundary extends nearly to the front of the existing garage, no reconstruction or replacement of that building would be possible without a variance. 5.5 Section 1013 of the Code states: "Where there are practical di�culties or i�narsual l�ardships in the way of carrying out the strict letter of the provisions of this code, the Variance Board shall have the power, in a specific case and after notice and public heari�ngs, to vary any such provision in harmony with the general purpose and intent thereof and may impose such additional conditions as it considers necessary so that the pirblic health, sc�fet��, af�d gener�al ��elfare »�7a�= be secr�red arrd sa+bstafztial justice done. " PF07-044 RVBA 080107 • • Pagc 2 of 4