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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 /> <br />This document will explain the nature and conditions of the request for two variances to allow for construction of a <br />single family house on the subject property listed above, also known as Lot 3, Block 1, TWIN LAKES <br />ESTATES. <br /> <br />1. Is in harmony with the general purpose and intent of the ordinance, and <br /> <br />In 2004, this lot was created and designed to support a single family structure according to the City standards <br />at that time. We propose to construct and attach a deck to the rear of the newly constructed house on this lot. <br />However, due to more recent City wetland buffer ordinances (Division 10.5, Section 30-1852), this lot will no <br />longer support an addition of a deck. <br /> <br />Planning <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 /> <br />Environmental <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. Rainwater <br />runoff is a concern for wetland water quality. However, decks typically allow some form of <br />infiltration into the ground (as opposed to a roofed structure). Additionally, another concern <br />is the possibility of the wetland growing in size. A deck will not be as impacted by saturated <br />ground as a structure with foundation would be. The general purpose and intent of the <br />ordinance are met. <br /> <br />2. Is consistent with the City of Elk River comprehensive plan. <br /> <br />Our intention is to adhere to the City ordinances as closely as possible. We feel that the proposed use of the lot <br />is consistent with the City' s comprehensive plan and is in harmony with the general purpose and intent of the <br />ordinance and requirements for this P.U.D. development. <br /> <br />Planning <br />The property has a land use designation of residential and the proposed residential use is <br />consistent with the comprehensive plan. <br /> <br />Environmental <br />The property has a land use designation of residential and the proposed residential use is <br />consistent with the comprehensive plan. <br /> <br /> <br />\\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\V\V 16-11 Progressive Bldrs - TW Pky\4-Planning <br />Commission\V 16-11 sr BA 10-25-16.docx <br />