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the development was platted, meaning that a variance for the proposed use would not have been required <br />when the house was built. <br />Section 30-1852 regulates wetland setbacks as shown in the image below. The deck will not encroach <br />into the 25-foot wetland buffer strip (red), but is within the required 20-foot wetland buffer (strip) <br />setback (orange). The applicant is asking for a 10.5' variance from the 20-foot wetland buffer strip <br />setback which does not allow structures. Staff has no concern with issuing a variance for the deck as <br />proposed. <br />-DT <br />OkND <br />11 <br />IP <br />1CK <br />Applicable Regulation <br />(The applicant's responses are italicized with staffs notes after.) <br />Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria <br />described below. The variance is: <br />We understand and appreciate the city's intent to protect our natural wetlands. Our family enjoys the wildlife and <br />vegetation the wetland offers to our backyard landscape. We have made upkeep of the wetland a priority by removing <br />any litter or debris that may be harmful to animals and the natural environment. Wlhile building our deck we intend <br />to protect the wetland by installing a staked debris fence. W/e also plan to dig post holes using a motor driven hand <br />auger instead of heavy equoment such as a skid loader. <br />1. Is in harmony with the general purpose and intent of the ordinance, and <br />The intent of the wetland setbacks is to protect wetlands from negative impacts of building <br />too close to them. The applicant is staying out of the wetland buffer strip and only proposing <br />a portion of the porch to be located in the wetland buffer strip setback area. The general <br />purpose and intent of the ordinance are met. <br />2. Is consistent with the City of Elk River comprehensive plan. <br />The property has a land use designation of residential and the proposed residential use is <br />consistent with the comprehensive plan. <br />Variances may be granted when the petitioner establishes that there are practical difficulties in complying <br />with the zoning ordinance. Practical difficulties mean that: <br />N:\Departments\Community Development\Planning\Case Files\V\V 16-05 Werk\3_Planning Colnnrission\V 16-05 sr BA 6-28-16.docx <br />