5.1 BASR 05-26-2015of
Elk -�.-
River
Request for Action
To
Item Number
Board of Adjustments
5.1
Agenda Section
Meeting Date
Prepared by
Board of Adjustments Items
May 26, 2015
Zack Carlton, Planner I
Item Description
Reviewed by
Request by Washington Street Investors for an 8
Chris Leeseberg, Park Planner- Planner
foot setback variance into the wetland buffer
Public Hearing, Case No. V 15 -07
Reviewed by
Action Requested
By motion, approve, approve with conditions, or deny the variance request by Washington Street
Investors to allow a deck to encroach 8 feet into the required 25 foot wetland buffer area. If the Board
approves the request, staff recommends the following condition.
1. The area beneath the deck and within the 25 foot setback is not to be maintained as
yard area (no mowing, no planting, no landscaping) and must be left to grow
naturally.
2. The 25 foot buffer area must be signed to identify the buffer edge and note that
maintenance is not permitted within the area.
If the Board of Adjustments finds that the request does not meet any of the criteria for a variance,
specific reason(s) shall be stated for each of the criteria.
If one or more of the criteria are denied by motion, the request must be denied.
If the Board of Adjustments denies the request, or an appeal is made by any interested party by June 5,
2015, the application will automatically be forwarded to the City Council for consideration. That meeting
will be held on Monday, June 15, 2015, at 6:00 p.m.
Background /Discussion
Washington Street investors and the property owner, Judith Hidde, are proposing to construct a 12 foot
by 16 foot deck on the backside the townhome located at 14243 183`d Lane NW. The home is
constructed 3.5 feet from the rear property line, not uncommon in townhome developments, which is
within 6 inches of the 25 foot wetland buffer area.
The subject property is in a Planned Unit Development (PUD) zoning district where rear property line
setbacks are governed based on proximity to public rights -of -way. If there is no right -of -way within 20
feet, the structure is permitted to be built up to the property line. Additionally, the West Oaks
homeowners association permits decks to be constructed over the property line and into the common lot
owned by the association. The covenants grant an automatic easement to these structures and tie the use
to the adjacent home. The proposed deck extends 8.5 feet into the common lot, and 8 feet into the buffer
area.
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City ordinance identifies two wetland buffers: first, a 25 foot no mow /maintenance buffer, prohibits
alterations to the established vegetation, and second, an additional 20 foot buffer prohibiting structures.
The townhome is located almost entirely within the 20 foot buffer, as are most of the other structures
along the north side of 183rd Lane, but conforms to the approved development plan for West Oaks
Second Addition approved in 2004. The ordinance establishing both of the buffer areas was adopted in
2006, after the development was platted, meaning that a variance for the proposed use would not have
been required in 2004.
Applicable Regulation
City ordinance outlines the criteria for the granting of a variance. In order for a variance to receive
approval, the request must satisfy all five of the following requirements.
The applicant did not provide any language establishing why a variance should be granted.
Variances may be granted when the petitioner establishes that the variance:
1. Is in harmony with the general purpose and intent of the ordinance, and
Our variance request is in harmony with the general purpose of the ordinance because a
deck, such as the one we are proposing, is a normal part of a townhome design
2. Is consistent with the City of Elk Diver comprehensive plan.
Our request is consistent with the comprehensive plan because the property was already
zoned for townhome development
Variances may be granted when the petitioner establishes that there are practical difficulties in complying
with the zoning ordinance. Practical difficulties mean that:
3. The petitioner proposes to use the propery in a reasonable manner not permitted by the tinning ordinance;
Our request is reasonable because the three piers will utilize less than 1% of the wetland
buffer area directly behind the individual townhome.
4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's
own action or inaction; and
The practical and unique difficulties are present because the land was developed and platted
with the utilities and streets already built, so it was not possible to move her building forward
and away from the wetland buffer which meanders closer to her than to some of the other
properties.
S. The variance, ifgranted, will not alter the essential character of the locality.
The practical difficulties of building a deck require support posts that can only be placed as
proposed in the wetland buffer area. If our variance is granted, the deck will fit in with all of
the other homes on her street, which also have or will have decks. Except for her next door
neighbor, who is also requesting a variance, the other houses on her street do not need a
variance for their decks.
N: \Departments \Community Development \Planning \Case Files \V \V 15 -07 Washington St- Hidde \V 15 -07 sr BOA Washington St- Hidde.docx
Mn Statute 15.99 deadline
The City must take action by June 26, 2015.
Financial Impact
None
Attachments
• Location Map
• Applicants Narrative
• Site Sketch
• Environmental Department Comment Letter dated May 7, 2015
• City Ordinance Sec. 30 -1852
N: \Departments\Community Development \planning \Case Files \V \V 15 -07 Washington St- Hidde \V 15 -07 sr BOA Washington St- l- lidde.doc-,
Washington Street Investors
Variance
I
Case No:V 15 -07
ElL*k=—::
River
River
VARIANCE REQUEST
14243183 d Lane NW
Elk River, MN 55330
Lot 12, Block 1, West Oaks 2nd Addition
Judith Hidde — Owner
Washington Street Investors, LLC - Developer
NARRATIVE
We are requesting a variance to allow construction of a deck, on Judith Hidde's townhome, with
three (3) 16 inch diameter concrete pier footings that will encroach into the wetland buffer strip in back
of her home. The three piers will be set 8 feet into the 25 foot buffer and will cover a total area of only
4.2 square feet of the 750 square foot buffer area that extends out 25 feet from her 30 -foot wide home.
(Three 6" x 6" wood columns support a 12'x 16' deck.)
See attached site plan and deck plan.
JUSTIFICATION FOR VARIANCE
A variance may be granted by the board only if it finds that the variance is in harmony with the general
purpose and intent of the ordinance
• Our variance request is in harmony with the general purpose and intent of the
ordinance because a deck, such as the one we are proposing, is a normal part of
a townhome design.
2. A variance may be granted by the board only if it finds that the variance is consistent with the City of Elk
River comprehensive plan.
• Our request is consistent with the comprehensive plan because her property
was already zoned for townhome development.
3. Variances may be granted when the petitioner establishes that there are practical difficulties in complying
with the zoning ordinance. Practical difficulties means that the petitioner proposes to use the property in a
reasonable manner not permitted by the zoning ordinance.
• Our request is reasonable because the 3 piers will utilize less than 1% of the
wetland buffer area directly behind Judith's home.
4. Variances may be granted when the petitioner establishes that there are practical difficulties in complying
with the zoning ordinance. Practical difficulties means that the plight of the petitioner is due to
circumstances unique to the property not a consequence of the petition's own action or inaction
• The practical and unique difficulties are present because the land was
developed and platted with the utilities and streets already built, so it was not
possible to move her building forward away from the wetland buffer, which
meanders closer to her than to some of the other properties.
5. Variances may be granted when the petitioner establishes that there are practical difficulties in complying
with the zoning ordinance. Practical dMicuities means that the variance, if granted, will not alter the
essential character of the locality.
• The practical difficulties of building a deck require support posts that can only
be placed as proposed in the wetland buffer area. If our variance is granted,
Judith's deck will fit in with all of the other homes on her street, which also have
or will have decks. Except for her next door neighbor, who is also requesting a
variance, the other houses on her street do not need a variance for their decks.
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To:
From:
Date:
Subject:
Memorandum
Planning Department
Environment
May 7, 2015
Site Plan Review Meeting - May 8, 2015
The Environment Department has reviewed the application(s) listed below and has the
following comments:
P 15 -03 Bodner
�. My only concern is to avoid cutting trees extensively this time of year. No Oak trees
may be cut until after June to avoid Oak Wilt spread.
SP 15 -04 United Methodist Church
1. There a 3 trees currently in the middle of the parking lot located in a vertical line that
are not listed as being removed on the plans but are shown to be removed.
2. Could a stormwater outfall be added to the east side of the rain garden from the
existing drive way at 1215 4`h?
V 15 -07 Washington Street Investors / Hidde
1. The 25 foot buffer strip is in place in order to protect the wetland characteristics and
functions as well as assure that structures can withstand the ebb and flow of natural
wetlands. Encroaching within this buffer is not intended to be allowed per city
ordinance. The 25 foot setback is strictly enforced.
2. The variance is actually for the 20 -foot wetland buffer strip setback as well which
does not allow for structures. This is basically two variances in one.
3. If the deck was a normal part of the townhome design, then it should have been
included with the original plan for the townhome construction.
4. Wetland Buffer signs must be placed along the wedand buffer. The homeowner
must be aware that they are not to mow, clear, or remove vegetation within the
buffer, even though it is under their deck.
5. It would be recommended to minimize the impact (10 feet out instead of 12 feet for
example).
V 15 -08 Washington Street Investors /Brown
POWERED
N: \Departments \Community Development \Planning \Admin \Site Plan Review \2015 \05 -08- 2015 \Environment2l [NATU9
COMMENT MEMO 5- 8- 2015.docx
1. The 25 foot buffer strip is in place in order to protect the wetland characteristics and
functions as well as assure that structures can withstand the ebb and flow of natural
wetlands. Encroaching within this buffer is not intended to be allowed per city
ordinance.
2. The variance is actually for the 20 -foot wetland buffer strip setback as well which
does not allow for structures. This is basically two variances in one.
3. If the deck was a normal part of the townhome design, then it should have been
included with the original plan for the townhome construction.
4. Wetland Buffer signs must be placed along the wetland buffer. The homeowner
must be aware that they are not to mow, clear, or remove vegetation within the
buffer, even though it is under their deck.
5. It would be recommended to minimize the impact (10 feet out instead of 12 feet for
example).
N: \Departments \Community Development \Planning \Admin \Site Plan ReNiexv\2015 \05 -08- 2015 \Environmental COMMENT MEMO
5- 8- 2015.docx
5/22/2015
Elk River, M N Code of Ordinances
Sec. 30 -1852. - Performance standards.
(a) Wetland buffer strip. A minimum 25 -foot buffer strip from the delineated boundary of a wetland or
ordinary highwater level of a stormwater pond is hereby established. Wetland buffer strips shall meet
the following standards:
No structure shall be permitted within the wetland buffer strip.
ii. Alterations are prohibited within the wetland and wetland buffer strip, unless a vegetation
management plan or other approval is granted by the city.
iii. The applicant shall establish and maintain wetland and wetland buffer strip vegetation in
accordance with the requirements found in section 30 -1853
iv. The applicant shall maintain the required wetland buffer strip monumentation at each lot line
where it crosses a wetland buffer strip and at 200 -foot intervals along the edge of the wetland
buffer strip. Each monument shall state "Wetland Buffer: Under the City Code, no mowing,
clearing or removal of vegetation in the buffer area is allowed. Call the City of Elk River for more
information." The city reserves the right to eliminate this requirement if it deems it impractical.
v. The city, at its sole discretion, following the city's master park trail plan, may allow nature trails
comprised of natural materials, to be located within the wetland buffer strip.
vi. Leisure activities such as hiking, nature studies, canoeing, boating and horseback riding, including
facilities such as nature trails and docks which allow for such activities are permitted in the
wetland buffer strip.
vii. Final plats for all subdivisions shall provide an easement over all wetlands and wetland buffer
strips for the purposes of identification and protection.
(b) Wetland buffer strip setback. A minimum 20 -foot setback from wetland buffer strips is hereby
established by the city. No structure, principle or accessory, shall be located within this setback.
Nature trails, at the city's approval, may be located within the wetland buffer strip setback.
Fences may encroach into the wetland buffer strip setback, but at no time shall they be allowed within
the wetland buffer strip.
(Ord. No. 06 -07, § 2, 6 -19 -2006)
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