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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 />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 />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 existing patio. There is <br />almady 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 pmposal 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 />K\Departments\Community Development\Planning\Case Files\V\V 16-07 Gannon\3_Planning Commission\V 16-07 sr BA 6-28-16.docx <br />