5.2. BASR 11-28-2017 - Laserfiche WebLink

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During the City Council Open Forum on November 6, 2017, there was discussion on how the deck was built and what impacts footings have on the wetlands. The manner in which the deck is constructed is of little concern. The primary concern with structures located in either buffer, is the addition of impervious surface increasing the amount of stormwater runoff and pollutants reaching wetlands and retention stormwater ponds. The 25 foot wetland buffer area is the most critical area of the wetland setback and is intended to remain natural to ensure the health and function of the wetland and natural habitat. Even though decks typically provide opportunities for water to flow through the structure, the presence of this structure concentrates water to specific areas, imposes on the natural habitat, and increases runoff into the wetland. Decks often have a patio or landscaping beneath them which is then an additional impervious surface not regulated by permit. Without the requirement for permits for patios and/or landscaping, there is no mechanism to review other non-deck structures in the wetland buffer strip. Additionally, with increasingly frequent heavy rain events, wetlands are receiving larger volumes of water and water elevations tend to rise. By requiring a setback for structures from wetlands, it helps reduce impacts from potential high water events because this area is more prone to being covered by water. The federal government protects flood fringe areas around public rivers and lakes through the regulated 100- year floodplain; similarly, it is important for cities to protect wetland fringe areas. An impervious surface in the wetland fringe areas ultimately displaces increasing precipitation and the potential for high water events to adjacent properties increases. Therefore, the wetland fringe area is the most critical area to protect to ensure impacts are not disproportionally displaced to other properties and to ensure the safety of residents. An equivalent sized or larger deck, although not exactly where the applicant desires, can be constructed on the property adhering to the current required setbacks. The City Council has denied other setback variance requests based on the ability to construct decks in other, maybe less desirable, locations. Having a deck already built is not a valid reason to approve a variance. N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 17-09 Weinmann\\4-Board of Adjustments\\V 17-09 sr BOA 11-28-17.docx