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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 />4.1c <br />Agenda Section <br />Public Hearing <br />Meeting Date <br />February 27, 2018 <br />Prepared by <br />Amanda Bednar, Environmental Coordinator <br />Chris Leeseberg, Senior Planner <br />Item Description <br />David Barrett – 13936 196th Avenue NW - Case <br />No. V 18-02 <br /> Wetland setback variance <br />Reviewed by <br />Zack Carlton, Planning Manager <br />Reviewed by <br /> <br /> <br />Action Requested <br />Approve, by motion, the wetland setback variance for the following reasons: <br /> <br />1. This project falls under the Wetland Conservation Act De Minimis Exemption so the intent of <br />the ordinance is met while allowing for this parcel to have two additional buildable lots. <br />2. The subject parcel is guided for residential and proposed to be that. It is consistent with the <br />Comprehensive Plan. <br />3. The proposed residential use and driveway locations are reasonable and are permitted in the <br />zoning ordinance. The wetland impacts fall under the De Minimis exemption making the request <br />reasonable for Wetland Conservation Act purposes. <br />4. The presence of wetlands is beyond their control. The plight of the petitioner is not due to their <br />own action or inaction. <br />5. The essential character will not be altered as the subject property can support three parcels in size <br />comparable to the locale. <br /> <br />And with the following conditions: <br /> <br />1. Approval of the lot size and lot width variances <br />2. All areas within the 25 foot wetland buffer strip that are not part of the driveway or side slope <br />shall not to be maintained as yard area (no mowing, no planting, no landscaping) and must be left <br />to grow naturally. All areas within the 20 foot wetland buffer strip setback, that are not part of <br />the driveway or side slope, may not have additional structures, paving, or other impervious <br />surface. <br />3. All conditions and best practices outlined by the Wetland Conservation Act via the Technical <br />Evaluation Panel decision shall be met. <br /> <br />Background/Discussion <br />Mark Barrett is requesting a variance to encroach into the required wetland setback for the construction <br />of two driveways on the parcel to be divided. The west driveway will impact 1120 square feet of wetland <br />and will not meet the city’s regulations regarding wetland setbacks for impervious surface. The proposed <br />driveway location will impact two small portions of the Type 2 wetland. The east driveway will impact