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Last modified
7/17/2007 2:06:18 PM
Creation date
6/29/2005 1:20:13 PM
Metadata
Fields
Template:
Planning Files
Planning Files - Planning File #
3540
Planning Files - Type
Variance
Address
385 S OWASSO BLVD W
Project Name
JAMES P BADZINSKI
Applicant
JAMES P BADZINSKI
Status
Approved
PIN
012923210003
Date Final City Council Action
12/15/2003
Date Final Planning Commission Action
12/3/2003
Additional Information
ATTACHED DECK
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<br />5.0 STAFF COMMENTS/FINDINGS: <br /> <br />5.1 Section 10 16.16A (Placement of Structure on Lot) requires a principal structure to be set <br />back a minimum of 75 feet from the ordinary high watermark of a lake. Staff has <br />determined that the Badzinski existing principal structure lies almost completely <br />within this required 75 foot shoreland setback and approximately 36 feet from the <br />shoreline. The proposed deck expansion creates a further encroachment into this <br />required setback to a distance 32 feet from the shoreline. <br /> <br />5.2 1016.16B1 (Structure Design Standards - BluffImpact Zones) reads: "Structures and <br />accessory facilities, except stairways and landing, shall not be placed within bluff impact <br />zones. Staff has determined that the Badzinski principal structure lies within the <br />bluff impact zone, approximately 14 feet from the top of bluff. The proposed deck <br />would extend the encroachment to within 7 feet of the top of bluff or be 23 feet into <br />the bluff impact zone. <br /> <br />5.3 Section 1016.22C3 (Nonconfonnities - Deck Additions) reads: Deck additions may be <br />allowed, without a variance, to a structure which does not meet the required setback from <br />the ordinary high water level, if all of the following standards are met: <br /> <br />1. The structure existed prior to the date the City's original shoreland structure <br />setbacks were established, March 27, 1974. <br /> <br />2. A thorough evaluation of the property and structure reveals no reasonable <br />location for a deck meeting or exceeding the existing ordinary high water level <br />setback of the structure. <br /> <br />3. The new deck encroachment toward the ordinary high water level does not exceed <br />15% of the existing setback of the structure from the ordinary high water level or <br />does not encroach closer than 30 feet whichever is more restrictive; and the deck <br />shall be constructed of materials similar to the materials of the principal structure, <br />wood, or earth tone; and the new deck shall not be roofed or screened. <br /> <br />5.4 Mr. Badzinski can meet two of the above criteria, but is unable to meet the third. <br />Specifically, a 15% encroachment would only allow a legal encroachment of 5-1/2 <br />feet further into the bluff impact zone. <br /> <br />5.5 The City Planner has reviewed the deck replacement/addition proposal and concludes <br />that it is difficult to meet the strict application of the City Code (applying existing <br />setback standards) to this proposal. Specifically, the current deck and principal structure <br />do not meet the required 30 foot top of bluff setback nor the 75 foot setback shoreline <br />setback and are detennined to be pre-existing non-confonning. Though an additional 16 <br />encroachment into the required setback compounds the non-conformity versus reducing <br />or eliminating the non-conformity, the deck does increase the livability of the 1939 <br />structure. <br /> <br />PF3540 - ReA 121503 - Page 3 of 6 <br />
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