4.1 BASR 08-25-2015 - Laserfiche WebLink

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VARIANCE REQUEST Lot 10, Block 1, West Oaks 3rd Addition Narrative Washington Street Investors,LLC is requesting a variance of up to 6 feet into the 25 foot wetland buffer area for the home to be built on existing Lot 10,Block 1,West Oaks 3'd Addition(to be replatted into Lot 8, Block 1,West Oaks 9"'Addition),as shown on Attachment B. This lot was platted and fully developed with utilities and streets prior to the adoption of the wetland buffer ordinance by the City. As you can see on Attachment A,the 25 foot buffer would make this lot unbuildable. We have entered into a Planned Unit Development for West Oaks with the City which envisions the replatting of many attached townhome lots into larger detached townhome lots,resulting in fewer overall housing units. We have made adjustments to our plan to accommodate the wetland buffer ordinance,but need a small variance to make it work(see Attachment BY The watershed area for this portion of the 3'd Addition which actually flows toward the wetland is less than 25%;75%flows away from the wetland (see Attachment C). Most water that does drain toward the wetland flows to a rear yard swale and then to the wetland buffer. The wetland buffer area at the end of the swale will continue to be the full 25 feet. Justification for variance: • The variance is in harmony with the general purpose and intent of the ordinance because the small amount of water flowing over the buffer area will still be cleansed before reaching the wetlands(see Attachment C). • The variance is consistent with the City of Elk River comprehensive plan because the property will continue to be used for townhomes. • The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. It is reasonable because the proposed townhome incursion into the buffer will not generate water that cannot be cleansed by the buffer area before reaching the wetland(see Attachment C). • The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner's own action or inaction because the West Oaks 3rd Addition plat was filed and the townhome lots were fully developed prior to the ordinance being enacted. • The variance, if granted,will not alter the essential character of the locality because the existing townhome use will remain the same.