5.2. BASR 07-27-2021 - Laserfiche WebLink

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The parcel is encumbered by a Natural Environmental Lake (as identified by the DNR and included in city ordinance) and two wetland basins. With all the required setbacks from the various agencies,there is limited area to build a house, septic system,and a driveway. As access to the parcel from the county road is not permitted,the buildable area for a house will need access off Grant Street in and around the two wetland basin setbacks. Staff is recommending approval for a 75-foot setback from the Ordinary High Water level (OHW) of the Natural Environmental Lake. This area will provide a buffer to the lake via natural vegetation to fit the intent of the ordinance while allowing for construction on site. Additionally, the wetland setback is reduced by 20 feet with a remaining setback of 25-feet. The driveway location is on the southern portion of the lot, further away from the lake to reduce additional impacts. No grading, excavating, structures,hardcover, or alterations of any type may occur in the setbacks. Given the overall modifications on site, these buffers are critical and must remain natural and vegetated. The DNR reviewed the application as the subject parcel is adjacent to a Natural Environmental Lake. They are recommending that structures (principal or accessory) should be no further north than the structures on the parcel directly to the west, at the time of approval. Applicable Regulation (The applicant's responses are italicized with staffs notes after.) 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 general purpose and intent are to provide stormwater and water quality management near the lakes and wetlands by limiting how close hardcover/impervious surfaces can be,thus reducing the rate of stormwater runoff into the lake or wetlands. Locating the house, and any other site impacts, as far as possible from the Ordinary High Water (OHW) level, could be in harmony with the general purpose and intent of the ordinance. If approved, staff recommends a 75-foot buffer from the OHW not allowing any impacts, such as structures, excavation, grading and removal of vegetation,to occur in the buffer. This vegetated buffer will provide significant benefit to the lake while allowing flexibility for design on this site which is less feasible with a 150-foot buffer. 2. Is consistent nvith the City of Elk River comprehensive plan. The property is guided as Rural Residential where uses are to be developed as residential use in areas outside of the Urban Service Area that are not currently served by municipal sewer and water. The predominant land use in this area is single family detached homes. The proposed use,with or without a variance,would be 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 not requesting anything beyond what other properties in the general area are allowed. If the house, and any other site impacts,are as far as possible from the OHW, the property will be utilized in a reasonable manner. Protecting a natural,vegetated buffer is also reasonable to protect these basins.