5.1 BASR 08-22-2017 - Laserfiche WebLink

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City of Elk Request for Action River To Item Number Board of Adjustments 5.1 Agenda Section Meeting Date Prepared by Public Hearings August 22,2017 BrieAnna Simon,Planner Amanda Bednar,Environmental Coordinator Item Description Reviewed by Parent Builders—2215`St NW,PID 75-112-2300 Chris Leeseberg,Senior Planner • Variance to wetland setback ordinance for Reviewed by driveway resulting in wetland impacts,Case No. V 17-06 Action Requested Approve,by motion,the variance request by Brian Parent to allow a driveway to encroach 24 feet into the required 45 foot wetland setback for the following reasons: 1. The general purpose and intent of the ordinance are met. 2. The property has a land use of residential and the use is consistent with the comprehensive plan. 3. The proposed use is reasonable and is permitted in the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioners own action or inaction. 5. The variance will not alter the essential character of the locality. If the Board approves the request, staff recommends the following conditions: 1. All areas within the 25 foot wetland buffer strip and 20 foot wetland buffer strip setback that are not part of the driveway or side slope shall not to be maintained as yard area (no mowing, no planting,no landscaping) and must be left to grow naturally. 2. All conditions and best practices outlined by the Wetland Conservation Act via the Technical Evaluation Panel decision shall be met. Background/Discussion Parent Builders is requesting a variance to encroach into the required wetland setback for the construction of a driveway on his property.The driveway will impact 330 square feet of a Type 2 wetland and will not meet the city's regulations regarding wetland setbacks for impervious surface.The project area was delineated on July 14,2017 and two wetland basins were identified.The applicant applied for a Wetland Conservation Act(WCA) decision to be made for the Boundary&Type.The proposed impacts meet the De Minimis Exemption under WCA.The detailed impacts are small enough to not require a replacement plan.The Technical Evaluation Panel (1'EP) visited the site on July 23,2017 and concurred with the wetland boundary and types based on site conditions,hydrology,plant communities and soils present. The house location will be meeting all city setbacks related to wetlands. The driveway impact is necessary due to Sherburne County Highway Department's requirements for the driveway location and necessary slope,along with the presences of wetlands along the majority of the front property line. City ordinance identifies two wetland buffers (shown in image below): first,a 25 foot no mow/maintenance buffer,which prohibits alterations to the established vegetation, (red) and second,an rat ' it NATURE