5.3. BASR 05-22-2018 - Laserfiche WebLink

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The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Board of Adjustments Item Number 5.3 Agenda Section Public Hearings Meeting Date May 22, 2018 Prepared by Zack Carlton, Planning Manager Item Description Bryan Provo – 19383 Zumbro Ct Wetland Setback Variance to Allow Construction of a Pool, Case No. V 18-05 Reviewed by Chris Leeseberg, Senior Planner Reviewed by Action Requested Approve, by motion, the variance request to encroach 37 feet into the 45 foot wetland setback and buffer, with the below conditions, as all five requirements for approval of a variance are satisfied. 1.The encroachment into the setback area is limited to three feet behind the existing detached garage. 2.All retaining walls must include at least 12 inches of clear backfill material directly behind the wall. The clear backfill material must be separated from the adjacent soils with landscape fabric. 3.Existing vegetation beyond the 37 foot variance shall not be removed or altered in any way. Due to the proximity to the wetland edge, any work beyond this area may be considered wetland impacts and subject to the Wetland Conservation Act regulations requiring mitigation. 4.An easement vacation, applied for by the applicant, must be approved by the City Council and recorded with Sherburne County to allow placement of the pool, retaining walls, and landscaping within the existing easement area. Background/Discussion The applicant, Bryan Provo, has applied for a variance to construct a swimming pool and retaining walls within the wetland buffer and buffer setback area. 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 additional 20 foot buffer prohibiting structures (orange). The proposed in-ground pool and deck extend 37 feet, through the wetland buffer strip setback and into the wetland buffer area. Section 30-1852 regulates wetland setbacks. The parcel was platted in 2002, and the home was built in 2004. The wetland buffer and setback regulations were adopted June 19, 2006, with the intention to reduce the impacts of development on wetland and stormwater ponds, specifically sedimentation, runoff, and nutrient imbalances.