City Council Considers Controversial Stream Buffer Variances

During a recent city council meeting, discussions centered on two significant stream buffer variance cases that require council approval due to deviations from the Unified Development Ordinance (UDO).

The first case involved a request from a homeowner at 1909 Chancery Lane seeking a variance to install a 256-square-foot sunroom. The proposed construction would encroach into both the 75-foot no impervious surface and the 50-foot undisturbed stream buffer setbacks. City planning staff recommended approval of the variance, contingent upon specific conditions, including the removal of invasive plant species along the stream bank and the planting of native vegetation. The applicant emphasized the need for the additional space for their child while ensuring minimal disruption to the existing landscape.

The second case presented was for a property at 3443 Keswick Court, where the applicant sought to permit work that had been completed without prior approval. This project included a sunken patio, artificial turf, and a retaining wall, all of which encroached into the designated stream buffer areas. Staff noted that the work had been done without a permit and was currently subject to a code enforcement violation. Due to the nature of the unpermitted work, staff withheld a recommendation for approval, citing that variances cannot be granted based on actions taken by the property owner without prior authorization. However, they provided suggestions for the council should they choose to approve the variance, including the installation of stormwater management devices.

Both cases highlight the ongoing challenges of balancing development needs with environmental protections in the community. The council's decisions on these variances will set important precedents for future developments within stream buffer zones.