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th <br />to provide access and frontage for the existing home (13349 190 Ave NW) onto Island View Drive, and <br />th <br />create one new buildable lot with access to 190 Ave. <br />Applicable Regulation <br />City ordinance identifies two wetland buffers (shown in image below): first, a 25 foot no <br />mow/maintenance buffer, which prohibits alterations to the established vegetation, (red) and second, an <br />additional 20 foot buffer prohibiting structures (orange). The proposed driveway extends 24 feet into the <br />wetland setback and wetland buffer area. Section 30-1852 regulates wetland setbacks. Staff has no <br />concern with issuing a variance for the driveway as the location results in the least impact to wetlands due <br />to local and county regulations. <br /> <br />Variance Requirements <br />A variance 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 ordinan <br />The proposed variance is in harmony with the general purpose and <br />it will provide us a driveway without any direct impact on the surrounding natural resources. The <br />new driveway would encroach on the nearby wetland setback requirements of 45 feet, by <br />approximately 16.5 feet on each side of the driveway. The drivew <br />constructed on the wetlands at all, but would only encroach on the wetback itself. This setback is <br />a requirement set by the City of Elk River only. This is not a s <br />keep with the harmony of the general purpose and intent of the o <br /> <br />2. Is consistent with the City of Elk River comprehensive plan. <br />The variance is consistent with the City of Elk RiverÔs Comprehe <br />the natural demographics of the cityÔs current wetlands, while p <br />outcome to protect wetlands and to minimize costs to the existing and future homeowners. The <br />variance would allow for a focused development of already urbanized area and would minimize <br />further encroachments into natural areas. The variance would also enhance the existing character <br />and vitality of the neighborhood. We take great pride in our property and community and this <br />variance would allow us to be able to build our home and raise our children in the community <br />that we ourselves were raised in and have grown to love. The var <br />appropriate use of resources while sticking to the cityÔs comprehensive plan of enhancement and <br />development as well as preserving nature and our natural resourc <br /> <br />N:\Departments\Community Development\Planning\Case Files\V\V 17-07 Tim Smith\4-Planning Commission\V 17-07 sr Tim Smith <br />Driveway.docx <br />