5.3. BASR 06-25-2019 - Laserfiche WebLink

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The Wild and Scenic River ordinance, adopted from Minnesota Statutes – Chapter 103F, restricts structures within 30 feet of a bluff along the Mississippi River. This variance request has been forwarded to the DNR Area Hydrologist for their official comments on the application but staff has not yet received a response. The rear side of the home was built within approximately one foot of the bluff setback line making it difficult to add a deck without a variance. The applicant indicated, in their narrative, their neighbors to the east and west have structures closer to the embankment then what they are proposing. The two houses on each side of the subject property are as follows: 17887 Concord: Home built in 2016, had to meet 45 foot setback for wetlands, no encroachment known 17875 Concord: Received a variance June 28, 2016, to encroach 13 feet into the wetland setback for the construction of the deck 17857 Concord: All structures meet setback requirements from water and bluff area 17833 Concord Ct: Home is 100 feet back from ordinary high water level. The house and patio meet the 30-foot bluff setback Applicable Regulation 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, and The Wild and Scenic ordinance is intended to preserve the scenic, recreational, natural, historical, and scientific values of the Mississippi River and adjacent lands. The setback is intended to limit visual, erosion, and pollution impacts resulting from development too close to the river. The intent of the bluff setback is to minimize soil erosion, visibility impacts, and to ensure the bluff remains stable. While the support posts of the deck will have little to no impact on the bluff, the additional impervious surfacing could increase the rate of run off. If the deck remains uncovered, and no impervious surfaces are installed on the ground below the deck, the general purpose and intent could be met. 2. Is consistent with the City of Elk River comprehensive plan. The property is guided for residential uses and decks are allowed in residential districts. The use 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 means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The applicant is proposing to use the property in a reasonable manner, as decks are an allowed use in the zoning district. The deck is proposed to be 10 feet wide behind the house with the larger portion of the deck wrapping around the corner of the house located outside of the 30-foot bluff setback. To lessen the impact within the bluff setback, the size of the deck behind the home could be reduced while still providing access to the larger portion of the deck. N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 19-03 Kraljic\\4-Board of Adjustments\\5.3. BASR 06-25-2019.docx