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5.2 BASR 05-26-2015Request 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 Reviewed by Public Hearing, Case No. V 15 -07 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. PANE8E0 ®1 Template Updated 4/14 INATURE] 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: 7. 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 property in a reasonable manner not permitted by the -oning 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. 5. The variance, iifgranted, 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 \Plann ng \Case Files \V \V 15 -07 Washington St- 11idde \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- Ilidde \V 15 -07 sr BOA Washington St- Hidde.docx -Ok ww AK Washington Street Investors Variance Case No:V 15 -07 E� �°-- River VARIANCE REQUEST 14243 183rd 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 1. 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 difficulties means that the variance, if granted, will not alter the essential character of the locally. • 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. A t \ adw e--.t et�w ra �r 884.3jY - qo Vs - r i � \JO h / rt� To: Planning Department From: Environment Date: May 7, 2015 Memorandum Subject: 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 1. 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 4t` p 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 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). V 15 -08 Washington Street Investors /Brown PDNERED BY N: \Departments \Community Development \Planning \Admin \Site Plan Review\2015 \05-08-2015 \Environmental 1# a COMMENT MEMO 5- 8- 2015.docx 114ATURE] 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 Review\2015 \05-08-2015 \Environmental COMMENT MEMO 5- 8- 2015.docx 5/22/2015 Elk River, MN Code of Ordinances Sec. 30 -1852. - Performance standards. (a) Wetland bufferstrip. 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) about:blank 1/1