7.5. SR 12-18-2017 - Laserfiche WebLink

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EOty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.5 Agenda Section Meeting Date Prepared by Public Hearin s December 18, 2017 Chris Leeseber , Senior Planner Item Description Reviewed by Variance: Wetland Setback to Construct Deck,Dan Zack Carlton,Planning Manager Weinmann, 13825 214th Avenue Reviewed by Action Requested Direct staff,by motion, to prepare a finding of fact denying the wetland setback variance based on the following findings: 1. The purpose and intent of the ordinance is to reduce the amount of stormwater runoff and pollutants reaching wetlands and stormwater ponds. The purpose and intent of the wetland ordinance is not met with the request. 3. Building a deck into a setback,when a viable alternative is available,is not using the property in a reasonable manner. 4. Even with the adoption of the wetland setback requirements in 2006 and recent ordinance amendments by the City Council in 2016, the property can support an equivalent or larger deck, just not in the desired location. There are no unique circumstances to the property. In order to approve the variance all five of the variance criteria must be satisfied and a motion of approval must state all criteria are satisfied. Background/Discussion The property is located at 13825 2141h Ave. The applicant is seeking a variance to encroach nine (9) feet into the 25-foot wetland buffer strip for a deck that has been constructed prior to issuance of a building permit. Applicable Regulations The Applicable Regulations for a variance can be reviewed on the attached Board of Adjustments (Board) staff report dated November 28, 2017. The ordinance requiring the deck setback, section 30-1852 (a), state: (a) Vetland buffer strzp. A minimum 25-foot buffer strip from the delineated boundary of a wetland or ordinary highwater level of a stormwater pond is hereby established. Wetland buffer strips shall meet the following standards: i. No piinnple or accessory structures,patios,paving or other impervious surfaces shall be permitted zvithin the zvetland buffer strip. The Elk River Vision A zvehoMing community Pith revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAWRE1