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<br />going through the MN Wetland Conservation Act permitting process. <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. <br /> <br />The variance is: <br />1. Is in harmony with the general purpose and intent of the ordinance, and <br />The intent of the wetland setback and buffer ordinance is to limit runoff pollution within wetlands and <br />stormwater basins. The proposed driveway will have minimal impact on the setback area and much of the <br />runoff will have the opportunity to run through a vegetated area prior to entering the wetland. <br /> <br />With the recommended conditions, the variance is in harmony with the general purpose and intent of the <br />ordinance. <br /> <br />2. Is consistent with the City of Elk River Comprehensive Plan. <br />The Comprehensive Plan guides the property for single-family uses and encourages responsible development <br />as it relates to environmental features. The request will not alter the use of the parcel, nor will it have a <br />significant effect on the adjacent wetland. The variance request is consistent with the Comprehensive Plan. <br /> <br />Variances may be granted when the petitioner establishes that there are practical difficulties in complying with <br />the zoning ordinance. Practical difficulties means that: <br /> <br />3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; <br />The driveway impact is a reasonable use of the property not otherwise permitted by the ordinance. <br /> <br />4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the petitioner's own <br />action or inaction; and <br />The property was platted in 1985 and our wetland setback and buffer ordinances were adopted in 2006. The <br />original layout of the subdivision did not account for the wetlands in the same way that would be required of <br />a subdivision today. The proposed use of the property is consistent with the original intent and the request <br />itself is not a consequence of the petitioner’s own action or inaction. <br /> <br />5. The variance, if granted, will not alter the essential character of the locality. <br />Development of an undeveloped residential lot could alter the essential character of the locality, but the <br />proposal is consistent with nearby parcels and is consistent with the intent of city plans and codes. The <br />variance will not alter the essential character of a locality designated as single-family residential. <br /> <br />Financial Impact <br />None <br /> <br />Mission/Policy/Goal <br />Support the growth and development of the community <br /> <br />Attachments <br />1. Location Map <br />2. Applicant's Narrative <br />3. Driveway Survey <br />4. Staff Exhibit <br /> <br /> <br />Page 6 of 29