Um Mr.

Stainer is absent, but we do have a quorum.

Um we have our agenda for the current meeting and the minutes from our meeting um in August.

If all the members have had a chance to review, um are there any changes or any motion on the agenda and minutes?

Yeah, I'll make a motion to approve the agenda.

Mr.

Dalapoli has made a motion to approve the agenda and minutes as presented.

Um is it a second?

I'll second.

Screen is seconded.

Uh all in free in favor of the motion, please say aye.

Aye.

Aye.

Anybody in opposition?

Um the agenda and minutes are approved as presented.

For the public hearing portion tonight, we have three cases.

Um the staff will present the case after the staff presentation.

The applicant will have 10 minutes to present their case.

Any opposition will have a total of 10 minutes.

If the applicant does not use their full ten minutes, the remainder can be resolved for theone that wishes to speak, please step up to the podium.

Be sure to state your name and address for the record.

Um all the questions for staff and applic uh uh staff, applicant and opposition, it will be headed after the uh public hearing is closed.

Uh first case tonight as V-26-0012.

We will begin with the staff's presentation on the request.

Good evening, board.

Uh this is the presentation for V260012 at 295 Lake Trail Drive.

295 Lake Trail Drive is located in the Lake Hill neighborhood and is uh.27 acres.

If you look at the image here, we do have a copy of the copy of the final plat showing a few conditions here that matter.

Uh the subject property was recorded in in platinum in 2000, identified as lot 41 in the red on the recorded plat.

The plat identifies uh a lake along the northern portion of the subdivision with a 35-foot lake buffer shown there in blue, and a hundred-year floodplain along that lake.

The common area along the perimeter of the lake in yellow is owned and maintained by Lake Hill HOA, and access to the lake is provided off a strip of land west of lot 43.

So if you see lot 43 there, there is a strip of yellow that connects it to the lake.

Last December, December 2025, the property owner was found to have constructed a stairway in the rear yard uh leading down to the edge of the lake.

The stairway was partially constructed on the Lake Hill HOA property and encroached within the 75-foot stream buffer.

An NOV was issued in December 17th.

Those two images there were taken by code enforcement showing that stair down to the lake.

An as-built survey confirmed that stairway encroaches into the 25-foot state buffer as well as the city's 50-foot undisturbed stream buffer.

The applicant is required to obtain a stream obtain a stream buffer variance to maintain the stairway improvement in its current location.

Uh all cases tonight are stream buffer variances, so you'll hear this a few times.

Uh this is article according to Chapter 109 Natural Resources and Environmental Protection, Article 5, Stream Buffer Protection.

Section 109-118, land development requirements.

A buffer and setback requirements, an undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally on both banks as applicable of the stream as measured from the point of rested vegetation, and two, an additional setback shall be maintained for 25 feet and measured horizontally beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited.

Grading, filling, and earth moving shall be minimized.

This applicant's variance request includes an encroachment 40 feet into the 75-foot stream buffer to maintain the staircase in the rear yard, 156 square feet of disturbance in that 50-foot undisturbed area, and 272 square feet of impervious surface in the stream buffer.

The applicant will be removing the area uh then croaches into the 35-foot lake buffer identified on the final plot.

Review criteria.

Section 109-118 B2 lists the following considerations for granting stream buffer variances.

When a property shape, topography, or other physical conditions existing at the time of adoption of this article prevents land development unless a buffer variance is granted, or unusual circumstances when strict adherence to the minimal buffer requirements in the article would create an extreme hardship.

Staff analysis.

So if you take a look at the site plan here, you'll see in this along this orange line, which is the stream buffer is close to the property line.

So back here is a steep slope that extends off the back of the owner's home before it reaches that property line.

The rear yard has steep slopes that contribute to soil erosion and make accessing the lower portion of the property challenging.

The applicant has submitted a mitigation plan providing uh 1,304 square feet of planting, exceeding the area uh of disturbance associated with this project.

You can see the plantings include two large trees, three small trees, nineteen shrubs, and seventy-five ground cover.

Uh the prose mitigation measures, uh with the prose mitigation measures, the requested variants would have a negligible impact to the neighboring lake.

Granting this variance would allow the homeowner safe access to the edge of the lake and bring the improvements into compliance with the stream buffer ordinance.

With that, staff recommends approval of V26-0012 with the following conditions.

Forty feet of linear encroachment into the stream buffer, 156 square feet of disturbance within the undisturbed buffer, 272 square feet of impervious surface associated with the staircase in the buffer, all according to the plan received on August 4th.

The applicant will also be removing the uh stairs encroaching into the 35-foot lake buffer as shown on that site plan.

A vegetative will be adhering to the vegetative site plan shown, and we'll submit an as-built survey upon completion of his building permit.