DCPVAR-2012-03630 - Laserfiche WebLink

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Question #2 — "Will there be an unnecessary hardship to the property owner to strictly comply with the ordinance?" Strict compliance with Section 10.05(4)(b) requiring "sewered lots shall not be less than 100 feet in width at the building setback line and have a lot area of not less than 15,000 square feet" would prevent the proposed new house construction. There is a chance that a single family resident user may purchase the lot and utilize the existing non -conforming house but I believe the more likely outcome will be that the existing house and lot would remain vacant. Strict compliance with Section 11.03(2)(a) requiring "setbacks for all buildings ...shall not be less than seventy-five (75) feet" would limit the allowable footprint for proposed new house construction to the area shown on the Existing Site Plan. The allowable footprint displayed is so small that it prevents any proposed new house construction. Question #3 — "Do unique physical characteristics of your property prevent compliance with the ordinance?" The intermittent stream is a physical characteristic that is unique to this lot. Applying a setback greater than 40 feet to the intermittent stream OHWM would prevent the ability to use this lot for its created use. Question #4 — "What would be the effect on this property, the community or neighborhood, and the general public interest if the variance were granted? Describe how negative impacts would be mitigated." If the variances are granted, this property can again be used for its intended use in conformance with its R-3 zoning. The existing non -conforming, approximately 100 year old house will be removed and disposed of properly and replaced with a new home meeting current construction standards. The proposed house will be located further away from the waterways to increase the greenspace distance. The greenspace distance from the intermittent stream will increase from 25.8 feet to 41.1 feet and the greenspace distance from Lake Kegonsa will increase from 35.7 feet to 41.5 feet as shown on the Existing Site Plan and Site Plan. The lot and improvement assessed value is currently $171,900 and will increase to approximately $700,000 with the proposed house construction. The existing oak trees will remain and be protected as noted on the Site Plan and Grading and Erosion Control Plan. The existing grades on the property will largely remain unchanged except for some minor filling adjacent to the house and driveway as shown on the Grading and Erosion Control Plan. I am the owner of Quam Engineering, LLC, which is a civil engineering firm located in the Village of McFarland which specializes in erosion control and stormwater management. In my professional opinion, because of the very flat site, the proposed construction would create only minimal negative impacts to the adjacent waterways. The Grading and Erosion Control Plan indicates that silt fence, seeding and mulching, and a stone construction entrance will be used to minimize erosion from the construction site. The over 75 foot long, very flat, and vegetated slopes between the proposed driveway and the adjacent waterways will prevent sediment from reaching the waterways.