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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 setback <br /> (orange). The applicant is asking for a 13 foot variance from the 20-foot wetland buffer strip setback <br /> which does not allow structures. Staff has no concern with issuing a variance for the deck as proposed. <br /> affa <br /> zoI001 I <br /> WETLAND <br /> HUFEEN <br /> N <br /> CI sr'I II',)lr K <br /> DECK`i <br /> rs II'Ol <br /> NE IIAND <br /> Ht M N <br /> STRIP <br /> Mill <br /> m <br /> G <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 /> 1. Is in harmony with the general purpose and intent of the ordinance, and <br /> The proposed porch and walkway layout is the best use of space with the existing locations of doors and <br /> windows on the current home. It would also be the smallest and shortest path to the existingpatio. There is <br /> already established vegetation growth as a buffer up to the proposed walkway and down the bank. It is our <br /> intention to preserve and maintain this buffer area as the ordinance seeks to achieve. <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 is guided for residential uses and the proposal is consistent with the comprehensive plan. The <br /> proposed deck meets residential setbacks for the property.An established vegetation growth area is already in <br /> place and acts as a buffer from the proposed walkway and down the edge of the wetland. <br /> The property has a land use designation of residential and the proposed residential use is <br /> consistent with the comprehensive plan. <br /> N:\Departments\Community Development\Planning\Case Files\V\V 16-07 Gannon\3_Planning Commission\V 16-07 sr BA 6-28-16.docx <br />