5.1 BASR 09-26-2017 - Laserfiche WebLink

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Request for Action ver To Item Number Board of Adjustments 5.1 Agenda Section Meeting Date Prepared by Public Hearings September 26, 2017 Zack Carlton, Planning Manager Item Description Reviewed by Tim Smith — 13349 1901h Avenue NW Amanda Bednar, Environmental Coordinator ■ Wetland setback variance in order to construct a driveway, Case No. V 17-07 Reviewed by Action Requested Approve, by motion, the variance request by Tim Smith to allow a driveway to encroach 24 feet into the required 45 foot wetland setback for the following reasons: 1. The general purpose and intent of the ordinance are met. 2. The property has a land use of residential and the use is consistent with the comprehensive plan. 3. The proposed 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 petitioners own action or inaction. 5. The variance will not alter the essential character of the locality. If the Board approves the request, staff recommends the following conditions: 1. A right-of-way easement vacation for 190th Ave NW must be approved by City Council. 2. The plat of Island View Sixth Addition must be approved by City Council and recorded with Sherburne County. 3. The applicant shall work with staff for an on -site review of the driveway location prior to beginning construction activities. 4. All areas within the 25 foot wetland buffer strip and 20 foot wetland buffer strip setback that are not part of the driveway or side slope shall not to be maintained as yard area (no mowing, no planting, no landscaping) and must be left to grow naturally. 5. All conditions and best practices outlined by the Wetland Conservation Act via the Technical Evaluation Panel decision shall be met. Background/Discussion Tim is requesting a variance to encroach into the required wetland setback for the construction of a driveway on what is being platted as his property. The driveway will impact approximately 943 square feet of two wetland basins and will not meet the city's regulations regarding wedand setbacks for impervious surface. The project area was delineated on August 10, 2017, and two wetland basins were identified. The applicant applied for a Wetland Conservation Act (WCA) decision to be made for the Boundary & Type. The Technical Evaluation Panel (TEP) visited the site on August 23, 2017, and adjusted the delineated boundaries based on site conditions, hydrology, plant communities and soils present. Formal approval was given on September 5, 2017. The variance request is part of a larger application package which also includes a right-of-way vacation and a simple plat combining four parcels into two and incorporating the vacated right-of-way. The goal is r 0NERE0 Rr ATM RE