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<br />existing wetland. The applicant applied for an exemption under the Wetland Conservation Act (WCA) to <br />permit the impact on the existing wetland. Approval of the de minimus exemption (impact to wetlands) was <br />received in October 2024. <br /> <br />Applicable Regulations <br />The city ordinance identifies two wetland buffers (shown in image below): first, a 25-foot no- <br />mow/maintenance buffer, which prohibits alterations to the established vegetation, (red) and second, an <br />additional 20-foot buffer prohibiting structures (orange). The proposed driveway extends 24 feet into the <br />wetland setback and wetland buffer area. Section 30-1852 regulates wetland setbacks. Staff have no concerns <br />about issuing a variance for the driveways as the location results in the least impact on wetlands due to local <br />and county regulations. <br /> <br /> <br />Variance Requirements <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 proposed variance is in harmony with the general purpose and intent of the ordinance in that it will <br />support two driveways without minimal direct impact on the surrounding natural resources. The 625 SF <br />impact has received approval through the appropriate state-mandated process. The impact to the wetland and <br />the second driveway location do impact the wetland setback and buffer, but these impacts will be minimized <br />during the permitting process. Staff have included conditions to ensure oversight of the construction process <br />and ensure compliance with the WCA approval. <br /> <br />2. Is consistent with the City of Elk River comprehensive plan. <br />The variance is consistent with the City of Elk River’s Comprehensive Plan in that it supports residential <br />growth while providing the best possible outcome to protect wetlands and minimize costs for future <br />homeowners. The variance would allow for focused development in an area that has largely been developed. <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 ordinance; <br />Residential uses within an existing residential area is a reasonable use of the property. The impacts to the <br />wetland and buffer area have been minimized. <br /> <br />4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the petition's own <br />action or inaction; and <br />The central access point between the two parcels is a requirement of the Sherburne County Highway <br />Department. The wetland setback variance supporting development of lot 2 would not be required if a <br />second access point was permitted by the county. The buildable area of lot 3 is on the opposite side of the <br />Page 6 of 46