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<br />Request for Action <br />ToItem Numbe <br /> <br />r <br /> <br />Board of Adjustments 5.1 <br />Agenda SectionMeeting DatePrepared by <br /> <br /> <br />Public HearingsSeptember 26, 2017Zack Carlton, Planning Manager <br />Item Description Reviewed by <br /> <br />th <br />Tim Smith — 13349 190 Avenue NW <br />Amanda Bednar, Environmental Coordinator <br />Wetland setback variance in order to construct <br />Reviewed by <br />a driveway, Case No. V 17-07 <br /> <br />Action Requested <br /> <br />Approve, by motion, the variance request by Tim Smith to allow a driveway to encroach 24 feet into the <br />required 45 foot wetland setback for the following reasons: <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 <br />the petitioners own action or inaction. <br />5.The variance will not alter the essential character of the locality. <br />If the Board approves the request, staff recommends the following conditions: <br />1.A right-of-way easement vacation for 190th Ave NW must be approved by City Council. <br />2.The plat of Island View Sixth Addition must be approved by City Council and recorded with <br />Sherburne County. <br />3.The applicant shall work with staff for an on-site review of the driveway location prior to <br />beginning construction activities. <br />4.All areas within the 25 foot wetland buffer strip and 20 foot wetland buffer strip setback that are <br />not part of the driveway or side slope shall not to be maintained as yard area (no mowing, no <br />planting, no landscaping) and must be left to grow naturally. <br />5.All conditions and best practices outlined by the Wetland Conservation Act via the Technical <br />Evaluation Panel decision shall be met. <br /> <br />Background/Discussion <br /> <br />Tim is requesting a variance to encroach into the required wetland setback for the construction of a <br />driveway on what is being platted as his property. The driveway will impact approximately 943 square feet <br />of two wetland basins and will not meet the city÷s regulations regarding wetland setbacks for impervious <br />surface. The project area was delineated on August 10, 2017, and two wetland basins were identified. The <br />applicant applied for a Wetland Conservation Act (WCA) decision to be made for the Boundary & Type. <br />The Technical Evaluation Panel (TEP) visited the site on August 23, 2017, and adjusted the delineated <br />boundaries based on site conditions, hydrology, plant communities and soils present. Formal approval <br />was given on September 5, 2017. <br /> <br />The variance request is part of a larger application package which also includes a right-of-way vacation <br />and a simple plat combining four parcels into two and incorporating the vacated right-of-way. The goal is <br />