5.1 BASR 08-22-2017 - Laserfiche WebLink

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additional 20 foot buffer prohibiting structures (orange). The proposed driveway extends 24 feet into the wetland setback and wetland buffer area. Section 30-1852 regulates wetland setbacks. Staff has no concern with issuing a variance for the driveway as the location results in the least impact to wetlands due to local and county regulations. SItED iI IINII At 11 %III,e Itl III x • 1111 is DECK cu s3n illw L7 I Applicable Regulation Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general puipose and intent of the ordinance, and The intent of the wetland buffer ordinance is to protect the wetlands from negative impacts and ensure they function properly. Given this project falls under the WCA De minimis Exemption, staff feels the general purpose and intent of the ordinance is still met while allowing for this parcel to be a buildable lot. 2. Is consistent with the City of Elk River comprehensive plan. The property has a land use designation of residential,which the proposed residential use is consistent with the comprehensive plan. 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 toning ordinance; The proposed residential use and driveway location are reasonable and are 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 Wetlands are not unique to properties in Elk River.This particular site has numerous wetlands including two large basins along 221s`St NW. The determined location does result in some impacts but is minor in comparison to other possible driveway locations.The proposed house location meets all required wetlands buffer setbacks.The applicant completed a wetland delineation and WCA procedures to ensure all state and local rules are followed. 5. The variance, ifgranted, will not alter the essential character of the locality. The variance will not alter the essential character of the locality. N:\llepartments\Community Development\Planning\Case Files\V\V 17-06 Parent Builders\4-Planning Commission\V 17-06 sr Draft.docx