4.1 BASR 08-25-2015 City of
Elk Request for Action
River
To Item Number
Board of Adjustments 4.1
Agenda Section Meeting Date Prepared by
Board of Adjustments Items August 25, 2015 Zack Carlton,Planning Manager
Item Description Reviewed by
Request by Washington Street Investors for a 6 foot Kristin Mroz, Environmental Technician
setback variance to the wetland buffer Reviewed by
Public Hearing, Case No.V 15-10 Chris Leeseberg, Senior Planner
Action Requested
Approve,by motion, the variance request by Washington Street Investors to allow a townhome to
encroach 6 feet into the required 25 foot wetland buffer area with the following conditions.
1. The area around the home 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.
3. Drainage from all structures shall be directed away from the wetlands when possible.
If the Board of Adjustments denies the request, or an appeal is made by any interested party by
September 4, 2015, the application will automatically be forwarded to the City Council for consideration.
That meeting will be held on Monday, September 21, 2015, at 6:00 p.m.
Background/Discussion
Washington Street Investors are proposing to construct a detached single-family townhome on what is
currently platted as Lot 10, Block 1,West Oaks Third Addition. The lot is proposed to be re-platted as
Lot 8, Block 1,West Oaks Ninth Addition later this year. The lot as it is currently platted is almost
entirely within the wetland buffer area and after the re-plat the home is currently planned to impact six
feet of the buffer area.
The entire subdivision was rezoned to PUD and a new preliminary plat was approved in the spring of
2015. During that process staff identified a need for an updated wetland delineation along the west side
of the current West Oaks Third Addition. After receiving the updated delineation, staff noted significant
impacts to four homes identified on the approved preliminary plat. The applicant has worked with staff
to minimize impacts to the buffer areas including re-designing the homes,reducing home sizes, and
eliminating structures.
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 detached home is located almost entirely within the 20 foot buffer, as are many other structures in
the West Oaks Subdivision, but conforms to previously approved development plans for West Oaks
from 2004. The ordinance establishing both of the buffer areas was adopted in 2006, after the
F~011ERII 11
Template Updated 4/14 NATURE
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's responses to the
criteria are included below.
1. Is in harmony with the general purpose and intent of the ordinance, and
The small amount of water flowing through the buffer area will be cleaned/filtered before
reaching the wetlands. (see attachment)
2. Is consistent with the City of Elk River comprehensive plan.
The property will continue to be used for townhomes.
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 zoning ordinance;
It is reasonable because the proposed townhome incursion into the buffer will not generate a
volume of water that cannot be cleaned/filtered by the buffer area before reaching the
wetlands.
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 West Oaks 3rd Addition plat was filed and the townhome lots were fully developed prior
to the (wetland buffer) ordinance being enacted.
5. The variance, ifgranted, will not alter the essential character of the locality.
The existing townhome use will remain the same.
Financial Impact
None
Attachments
• Location Map
• Applicants Narrative
• Site plan
• City Ordinance Sec. 30-1852
• Drainage sketch
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Washington Street Investors Case No: V 15- 10
1115- II Elk
Wetland Setback Tara,i ces
V 15- 12 River
VARIANCE REQUEST
Lot 10, Block 1, West Oaks 3rd Addition
Narrative
Washington Street Investors,LLC is requesting a variance of up to 6 feet into the 25 foot wetland buffer
area for the home to be built on existing Lot 10,Block 1,West Oaks 3'd Addition(to be replatted into
Lot 8, Block 1,West Oaks 9"'Addition),as shown on Attachment B.
This lot was platted and fully developed with utilities and streets prior to the adoption of the wetland
buffer ordinance by the City. As you can see on Attachment A,the 25 foot buffer would make this lot
unbuildable. We have entered into a Planned Unit Development for West Oaks with the City which
envisions the replatting of many attached townhome lots into larger detached townhome lots,resulting
in fewer overall housing units. We have made adjustments to our plan to accommodate the wetland
buffer ordinance,but need a small variance to make it work(see Attachment BY
The watershed area for this portion of the 3'd Addition which actually flows toward the wetland is less
than 25%;75%flows away from the wetland (see Attachment C). Most water that does drain toward
the wetland flows to a rear yard swale and then to the wetland buffer. The wetland buffer area at the
end of the swale will continue to be the full 25 feet.
Justification for variance:
• The variance is in harmony with the general purpose and intent of the ordinance because the
small amount of water flowing over the buffer area will still be cleansed before reaching the
wetlands(see Attachment C).
• The variance is consistent with the City of Elk River comprehensive plan because the property
will continue to be used for townhomes.
• The petitioner proposes to use the property in a reasonable manner not permitted by the
zoning ordinance. It is reasonable because the proposed townhome incursion into the buffer
will not generate water that cannot be cleansed by the buffer area before reaching the
wetland(see Attachment C).
• The plight of the petitioner is due to circumstances unique to the property not a consequence of
the petitioner's own action or inaction because the West Oaks 3rd Addition plat was filed and
the townhome lots were fully developed prior to the ordinance being enacted.
• The variance, if granted,will not alter the essential character of the locality because the existing
townhome use will remain the same.
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8/20/2015 Elk River,MN 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:
i. 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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