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<br />N:\Departments\Community Development\Planning\Case Files\V\V 18-02 Barrett\4-Board of Adjustments\V 18-02 sr-c PC 2-27-18 WETLAND <br />SETBACK.docx <br />1330 square feet of wetland and also will not met the city’s wetland setback regulations for impervious <br />surface. This location is proposed in the narrowest portion of this Type 2 wetland. <br /> <br />A wetland delineation was completed in October 2017 and reviewed by the Technical Evaluation Panel <br />(TEP) for the wetland Boundaries and Type. A decision was made via the Wetland Conservation Act <br />(WCA) process to approve the delineation on November 13, 2017. Mr. Barrett is proposing to impact <br />portions of the wetlands for the creation of two new driveways. All the wetland impacts fall under the <br />WCA De Minimis Exemption, meaning that no mitigation or replacement of wetlands is required for the <br />proposed work. <br /> <br />City ordinance identifies two wetland buffers (shown in image below): first, a 25 foot no <br />mow/maintenance buffer, which prohibits alterations to the established vegetation, (red) and second, an <br />additional 20 foot buffer <br />prohibiting structures <br />(orange). The proposed <br />driveway extends 24 feet into <br />the wetland setback and <br />wetland buffer area. Section <br />30-1852 regulates wetland <br />setbacks. Staff has no <br />concern with issuing a <br />variance for the driveway as <br />the location results in the <br />least impact to wetlands due <br />to local regulations. <br /> <br /> <br />Applicable Regulation <br />Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria <br />described below. The variance is: <br /> <br />1. Is in harmony with the general purpose and intent of the ordinance, and <br /> <br />The intent of the wetland buffer ordinance is to protect the wetlands from negative impacts <br />and ensure they function properly. Given this project falls under the WCA De Minimis <br />Exemption, staff feels the general purpose and intent of the ordinance is still met while <br />allowing for this parcel to have two additional buildable lots. <br /> <br />2. Is consistent with the City of Elk River comprehensive plan. <br /> <br />The subject parcel is guided for residential and proposed to be that. It is consistent with the <br />Comprehensive Plan. <br /> <br />Variances may be granted when the petitioner establishes that there are practical difficulties in complying <br />with the zoning ordinance. Practical difficulties means that: <br />