4.1 BASR 10-25-2016 - Laserfiche WebLink

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Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties mean that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; We feel that the construction of a deck is utilizing the property in a reasonable manner. The proposed deck will not alter the essential character of the locality and it will be consistent with other homes surrounding this drainage basin. Planning The proposed residential use is reasonable and is permitted in the zoning ordinance. Environmental The proposed residential use is reasonable and is permitted in the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and The 25 foot wetland buffer strip, along with the 20 foot wetland buffer strip setback, combines for an overall setback of 45 feet from the normal water level of the basin behind Lot 3. This lot was designed and approved as a buildable lot by the City without consideration of a wetland buffer strip and setback. It appears that many of the existing houses and/or decks around this basin do not meet the current 45 foot setback. Planning Although new wetland classifications and restrictions have been established since the applicant purchased the property in 2012. Due to the proximity of the house and house design in relation to the wetland, the proposed location is perhaps the best area on the property to construct a deck as it has less wetland impact. The applicant is willing to work with the City to alter the proposed desk if it is the desire of City Council and staff. Wetlands are not unique to properties in Elk River. The subject property has approximately 0.4 acres (half) of wetlands leaving approximately 0.33 acres (half) of non-wetland property. As the ordinance is written today a deck would not be feasible on the subject property. Environmental This lot was platted prior to the wetland rules. Today, staff makes sure that housing plans include space for a deck that is 45 ft. from the wetland. Due to the circumstances of the plat, the applicant is restricted in space for a deck and has chosen a reasonable option. \\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\V\V 16-11 Progressive Bldrs - TW Pky\4-Planning Commission\V 16-11 sr BA 10-25-16.docx