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<br /> <br />The applicant is currently working with the city on the wetland delineation for the site and final approval of <br />the delineation is a condition of approval. <br /> <br />Applicable Regulations <br />The city ordinance identifies two wetland buffers (shown in the image below): first, a 25-foot no-mow/ <br />maintenance buffer, which prohibits alterations to the established vegetation, (red) and second, an additional <br />20-foot buffer prohibiting structures (orange). The proposed driveway extends 24 feet into the wetland <br />setback and wetland buffer area. Section 30-1852 regulates wetland setbacks. Staff have no concerns about <br />issuing a variance for the driveways as the location results in the least impact on wetlands due to local and <br />county regulations. <br /> <br /> <br />Variance Requirements <br />The variance standards are outlined below. The applicant's responses are noted in italics. <br /> <br />A variance may be granted when the petitioner establishes that the variance satisfies all five of the criteria <br />described below. The variance is: <br />1. Is in harmony with the general purpose and intent of the ordinance, and <br />The purpose and intent of the ordinance is the protection of wetlands to maximum extent possible while allowing a <br />reasonable use of the property. The proposed access road provides access to the east side of the site. Other wetlands <br />and topography on the site prevent a reasonable routing alternative. The routing is also consistent with historical use of <br />the property. The requested variances allow for access to the east side of the site and are in harmony with the <br />ordinance. <br /> <br />2. Is consistent with the City of Elk River comprehensive plan. <br />The City of Elk River Comprehensive Plan designates the future land use of the site as Business Park. The proposed <br />access road and location of the utility equipment enables future development of the land consistent with the <br />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 mean that: <br />3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning <br />ordinance; <br />The zoning ordinance requires a 25-foot wetland buffer strip and a 20-foot wetland buffer strip setback. A reasonable <br />routing alternative is not available, and wetlands are present on both sides of the proposed access road. The requested <br />variances are reasonable. <br /> <br />4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the <br />petition's own action or inaction; and <br />The requested variances are in locations where wetlands are present on both sides and prevent a complete avoidance <br />of the wetland buffer strip and setback. The requested variances are because of circumstances unique to the property. <br /> <br />5. The variance, if granted, will not alter the essential character of the locality. <br />Page 6 of 81