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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 /> z e <br /> 20 FOOT I' <br /> WETLAND 1 <br /> IlSTRIP <br /> SETBACK 4 <br /> DLCK 1 \ <br /> WI II AND <br /> HI-M R <br /> STRIP <br /> �tt <br /> II l '� <br /> Applicable Regulation <br /> (The applicant's responses are italicized with staff's 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. While building our deck we intend <br /> to protect the wetland by installing a staked debris fence. We also plan to dig post holes using a motor driven hand <br /> auger instead of heavy equipment 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 Commission\V 16-05 sr BA 6-28-16.docx <br />