Consider a Request for an Amendment to a Variance at the Property Located at 14301 Neon St NW (Project No. 16-86); Case of Gregory and Rachelle Binfet

The Planning Commission is asked to consider a request for an amendment to the Variance that was granted by the Commission on 5/2/16 for the property located at 14301 Neon Street NW.

The variance allowed the Applicant to construct an accessory building 1.) within the fifty (50) foot OHW setback, 2.) nearer the front lot line than the principal structure, and 3.) to be served by a second driveway.

The conditions of the variance, as arrived upon at the regular Planning Commission meeting 5/2/2016, required that the structure maintain a minimum separation from the OHW, of twenty-nine (29) horizontal feet and 1.8 vertical feet.

The Applicant requests that the Commission reconsider the condition requiring the structure to maintain a distance of twenty-nine (29) horizontal feet from the OHW. The Applicant requests the Commission to consider a distance of twenty-five (25) horizontal feet instead (see Site Plan attachment).  This is the result of a more detailed site survey, as required by the Planning Commission. The proposal still keeps the proposed structure out of the shore impact zone, a key component to Staff's review.

N/A

Alternative #1: Approve the modified versions of Resolutions #16-05-105 and #16-05-106 amending the terms of the variance to allow the Applicant to locate the accessory structure twenty-five (25) feet, as opposed to the original twenty-nine (29) feet, from the OHW. The location maintains 1.8 feet of vertical separation and remains outside of the Shore Impact Zone.

Alternative #2: Do not amend the terms of the variance. Applicant must construct per the original conditions of the variance as determined on 5/2/2016.

All costs associated with this request are the responsibility of the Applicant.

With consideration to the fact that the structure remains outside of the Shore Impact Zone, and maintains the 1.8 feet of vertical separation between the structure and the OHW, Staff is in favor of the request.   

Motion to approve Resolutions #16-05-105 and #16-05-106 granting a variance to the OHW setback, the front yard
setback, and allowing a second driveway on the property located at 14301 Neon St NW, contingent upon the
Applicant providing an updated survey confirming that the proposed location is outside the Shore Impact Zone as
well as the assumed elevation differences noted in the case.