Board of Adjustment Agenda and Packet 2014 09 17

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year) flood" area with "flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations determined." This portion of Old Town is located within flood hazard zone AH due to the proximity of the raised rail bed. In the event the Goodhue Ditch ever exceeds its banks, this area is flooded due to the ponding flood water not being able cross over the raised rail bed. Under the City's Floodplain Development Code (LMC Chapter 17.56), non - residential development in the floodplain may be permitted if the lowest floor of the new construction is at least one foot above the base flood elevation or if the new construction is flood proofed to at least one foot above the base flood elevation, and the development will not raise the base flood elevation or otherwise negatively impact the safety of surrounding properties. The applicant has submitted a letter from Charles R. Hager IV, PE, or JVA Consulting Engineers, attesting that the new building will be flood proofed to at least one foot above the base flood elevation and the construction will not adversely impact the base flood elevation or other properties. Therefore, staff recommends the floodplain development permit be approved for the proposed new building. The construction work on the existing portions of the Grain Elevator is permitted under LMC Section 17.56.240(C)(2) because the structure is listed on the National Register of Historic Places. The proposed addition on the east side of the Grain Elevator would be 1.7 feet above the base flood elevation, complying with the requirements of the LMC. The proposed addition on the east side would be 0.3 feet below the base flood elevation. The applicant is requesting a variance under Section 17.56.240 of the LMC to allow construction lower than the base flood elevation. The request for the variance is based on a judgment included in a letter written by their engineer, Mr. Hager. VARIANCE PROCESS Section 17.56.240 of the LMC establishes the variance process for "appeals from interpretations of the Planning and Building Safety Director and requests for variances from provisions of this chapter." According to Section 17.56.240.B "in considering an appeal involving a provision of this chapter, the Board of Adjustment shall consider, in addition to all technical evaluations, relevant factors, requirements and standards in this chapter, the following:" 1. The danger that materials may be swept onto other lands to the injury of others, and the impact upon riparian habitat. 2. The danger to life and property due to flooding or erosion damage. 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 4. The importance of the services provided by the proposed facility to the community. 3