2006-067 Ordinance - Laserfiche WebLink

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(1) A parcel existing at the time of passage of this ordinance is made unbuildable. (2) The soil type natural vegetation of the parcel, as well as the percentage of the parcel that is in the 100-year floodplain. The criteria of the City's flood damage prevention regulations may be used as guidance when granting variances in the 100-year floodplain. (3) The extent to which the requested variance impairs the flood control, soil erosion control, sediment control, water quality protection, or other functions of the riparian and/or wetland area. This determination shall be based on sufficient technical and scientific data. The degree of hardship this regulation places on the landowner, and the availability of alternatives to the proposed activity. (4) Soil disturbing activities permitted in a riparian and/or wetland setback through variances should be implemented in order to minimize clearing to the extent possible, and to include Best Management Practices necessary to minimize soil erosion and maximize sediment control. (5) The presence of significant impervious cover, or smooth vegetation. such as maintained lawns, in riparian setback areas compromises their benefits to the City. (6) A reduction in storm water infiltration into the soil in wetland areas will occur. (7) A requested above ground fence does not increase the existing area of mowed grass or lawn. (8) Modifying parking requirements before varying the riparian setback. (9) Modifying building shape, size or design to avoid or minimize intrusion into the riparian setback. (10) In the case of a lot made unbuildable by this regulation, consider the minimum variance needed to make it buildable for an appropriately sized and compatibly designed structure, while following the guidance provided in this section. (ll) Whether the variance will increase the likelihood for flood or erosion damage to either the applicant's property or to other properties. (12) Culverting of watercourses should be avoided. (13) Whether the variance will result in the need for artificial slope or bank stabilization measures that could interfere with the function of the riparian zone. 926.15 BOUNDARY INTERPRETATION AND APPEALS PROCEDURE. (a) When an applicant or his or her designated representative disputes the boundary of a riparian or wetland setback or the ordinary high water mark of a watercourse, the applicant or his or her designated representative shall submit documentation to the City which describes the boundary, the applicant's proposed boundary, and justification for the proposed boundary change. (b) The City shall evaluate this documentation and shall make a written determination within a reasonable period of time, not to exceed sixty (60) days, a copy of which shall be submitted to the applicant. If during this evaluation the City requires further information, it may be required of the applicant. In the event that the City requests 19