5.3. BASR 05-22-2018 - Laserfiche WebLink

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N:\Departments\Community Development\Planning\Case Files\V\V 18-05 Provo\4-Planning Commission\4.3 sr Provo Variance 5-22-2018.docx The wetland boundary used to establish the setback for the property is identified on the final plat, but an updated delineation has not been completed. Staff met with the applicant on site to review the current wetland location and is comfortable with using the delineation line shown on the plat. Applicable Regulations 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 The intent of the wetland buffer ordinance is to protect the wetlands from negative impacts and ensure they function properly. To maintain protections, staff has included conditions of approval intended to preserve the runoff and contaminant reductions established by the buffer. If the variance is approved, staff recommends including these conditions. 2. Is consistent with the City of Elk River comprehensive plan. The subject parcel is guided for residential and will continue to be used as residential. Swimming pools are consistent with the uses expected in a residential area. The additional conditions proposed by staff also serve to protect the environmental features desired by the Comprehensive Plan. It is consistent with the Comprehensive Plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties mean that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The applicant is proposing a smaller swimming pool and pool deck than would otherwise be permitted in an effort to minimize their impacts to the adjacent wetlands. The proposed use, along with the conditions recommend as part of an approval, is a reasonable use of the property. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and The property was laid out/designed for occupation and use prior to adoption of the wetland setback ordinance. A similarly situated property along an existing wetland would not be permitted under the current regulations, as it would place an unintended burden on the property owner. The plight of the petitioner is due to circumstances unique to the property and based on regulations adopted by the city. 5. The variance, if granted, will not alter the essential character of the locality. The character of the locality will not be altered as the area proposed for a swimming pool is already landscaped and adjacent properties are landscaped to the same or increasing degrees/level of impact.