5.2. BASR 11-28-2017 - Laserfiche WebLink

Home Browse Search

Applicable Regulation (The applicant’s responses are italicized with staff’s notes after.) 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 purpose and intent of the ordinance, and This variance request is in harmony with the general purpose and intent of the ordinance. At the time the house was built, the City approved plans for lots and houses in my neighborhood that were in proximity to wetlands. The developer provided plans showing decks for many of these houses extending out toward the wetlands. The houses were approved by the City and several decks were subsequently built by either the builder or the homeowners. Following construction of the subdivision, the wetland setbacks were changed and the City is now trying to enforce rules that were not in place at the time of house construction and were not contemplated until after the homes were built. Since other homes have these decks and the decks have no impact on either the aesthetics of the neighborhood or on the wetlands, the proposed deck is certainly within the general purpose and intent of the ordinance. The purpose and intent of the ordinance is to reduce the amount of stormwater runoff and pollutants reaching wetlands and retention stormwater ponds. The City Council addressed the issue of properties platted prior to 2006 with an ordinance amendment (OA 16-13) in 2016 allowing uncovered decks in the 20 foot wetland buffer strip setback (yellow). Natural wetlands can fluctuate in size. In times of heavy rainfall or above-average annual precipitation, wetlands and stormwater ponds may grow. There have been cases in Elk River where structures set less than 45 feet from a wetland boundary now see ground saturation up to the structure. This is a concern for the city and residents in terms of flooding, foundation damage, and safety. New home permits for construction rarely show decks on the plans. Neither staff nor home owners can predict future regulations that may be put in place by the city, county, and/or state. New regulations are implemented over time as information and impacts are better understood, and to protect the life safety and welfare of residents in the community. The purpose and intent of the wetland ordinance are not met with the proposed request. A deck meeting the general purpose/intent of the ordinance as well as adhering to the current required setbacks can be constructed on the property. 2. Is consistent with the City of Elk River comprehensive plan. This variance request has no impact on the City of Elk River comprehensive plan and is thus consistent with the plan. This is an existing subdivision with existing homes and existing decks that were built with City knowledge and City approval. 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