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<br />The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional <br />service, and community engagement that encourages and inspires prosperity <br />Request for Action <br /> <br /> <br />To <br />Board of Adjustments <br />Item Number <br />5.2 <br />Agenda Section <br />Public Hearing <br />Meeting Date <br />November 28, 2017 <br />Prepared by <br />Chris Leeseberg, Senior Planner <br />Item Description <br />Dan Weinmann – 13825 214th Avenue NW <br />ƒ Wetland setback variance to construct a deck, <br />Case No. V 17-09 <br />Reviewed by <br />Zack Carlton, Planning Manager <br />Amanda Bednar, Environmental Coordinator <br />Brandon Wisner, Stormwater Coordinator <br />Reviewed by <br /> <br /> <br />Action Requested <br />Deny, by motion, the wetland setback variance for the following reasons: <br />1. The purpose and intent of the ordinance is to reduce the amount of stormwater runoff and <br />pollutants reaching wetlands and stormwater ponds. The purpose and intent of the wetland <br />ordinance is not met with the request. <br />3. Building a deck into a setback, when an alternative solution is available, is not using the property <br />in a reasonable manner. <br />4. Even with the adoption of the wetland setback requirements in 2006 and recent ordinance <br />amendments by the City Council, the property can support an equivalent or larger deck, just not <br />in the desired location. There are no unique circumstances to the property. <br /> <br />If the Board of Adjustment believes this site is unique and should be exempt from strict application of <br />the ordinance as written, a motion of approval should be made indicating how all five variance criteria <br />have been met. <br /> <br />Background/Discussion <br />The applicant is seeking a variance for a deck that has already been constructed to be nine (9) feet into <br />the 25 foot wetland buffer strip. <br /> <br />The property is located at 13825 214th Ave. and is zoned R1a with setbacks as follows: <br /> <br />Front: 20’ <br />Side: 10’ <br />Garage: 5’ <br />Rear: 20’ <br />Wetland: 25’ from wetland (adopted 2006) <br />Buffer: 20’ from wetland setback (adopted 2006) <br /> <br />Section 30-1852 regulates wetland setbacks as shown in the image below. City ordinance identifies two <br />wetland buffers: a 25 foot no mow/maintenance wetland buffer strip (red), which prohibits structures <br />and an additional 20 foot wetland buffer strip setback (yellow), which allows uncovered decks. The