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The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community <br />engagement that encourages and inspires prosperity <br /> <br />Request for Action <br /> <br />To <br />Board of Adjustments <br />Item Number <br />5.1 <br /> <br />Meeting Date <br />June 24, 2025 <br />Prepared By <br />Zack Carlton, Community Development Director <br /> <br />Item Description <br />Variance: Wetland Setback for Driveway, David <br />Held - 20189 Meadowvale Rd NW <br />Reviewed by <br />Joseph Hale <br />Chris Leeseberg <br /> <br />Action Requested <br />Approve, by motion, the variance request for David Held to allow a driveway to encroach up to 1-foot from a <br />delineated wetland, and into the wetland setback ordinance: <br />1. The general purpose and intent of the ordinance are met. <br />2. The property has a land use of residential and the use is consistent with the comprehensive plan. <br />3. The proposed use is reasonable and is permitted in the zoning ordinance. <br />4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the <br />petitioner's own action or inaction. <br />5. The variance will not alter the essential character of the locality. <br /> <br />If the Board approves the request, staff recommend the following conditions: <br />1. The plat of Meadow Hills must be approved by the City Council and recorded with Sherburne County. <br />3. The applicant shall work with staff for an on-site review of the driveway location prior to beginning <br />construction activities. <br />4. All areas within the 25-foot wetland buffer strip and 20-foot wetland buffer strip setback that are not part <br />of the driveway or side slope shall not to be maintained as yard areas (no mowing, planting, or landscaping) <br />and must be left to grow naturally. <br />5. All conditions and best practices outlined by the Wetland Conservation Act via the Technical Evaluation <br />Panel decision shall be satisfied. <br /> <br /> <br /> <br /> <br />Background/Discussion <br />The property owner, David Held, has requested a variance to encroach into the 45-foot wetland setback to <br />support construction of two driveways for two new residential parcels. The applicant has also submitted an <br />application for a simple plat, Meadow Hills, subdividing one existing parcel into three lots. The Sherburne <br />County Highway department requires the two new parcels to be served by a single driveway, centrally <br />located between the two lot lines. <br /> <br />As part of the platting process, the applicant completed a wetland delineation, which was approved in 2024. <br />The delineated wetlands create a challenge in accessing the buildable areas of the two new lots. Due to the <br />central access point, one driveway will get very close to a delineated wetland; the second will go through an <br />Page 5 of 46