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5.1 BASR 06-28-2016Request for Action To Item Number Board of Adjustments 15.1 Agenda Section Meeting Date Prepared by Planning Items I June 28, 2016 BrieAnna Simon, Planner Item Description Reviewed by Justin Werk - 18681 Ulysses St NW Zack Carlton, Planning Manager ■ Encroachment of a deck into the wetland Reviewed by buffer setback, Case No. V 16-05 Action Requested Approve, by motion, the variance request by Justin Werk to allow a deck to encroach 10.5 feet into the required 45 foot wetland setback for the following reasons: 1. The general purpose and intent of the ordinance are met. 2. The property has a land use of residential and the use is consistent with the comprehensive plan. 3. The proposed use is reasonable and is permitted in the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioners own action or inaction. 5. The variance will not alter the essential character of the locality. If the Board approves the request, staff recommends the following conditions: 1. The area within the 25 foot wetland buffer strip 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 wetland buffer strip area must be signed to identify the buffer edge and note that maintenance is not permitted within the area. If the Board of Adjustments denies the request, or an appeal is made by any interested party by July 8, 2016, the application will automatically be forwarded to the City Council for consideration. That meeting will be held on Monday, July 18, 2016, at 6:00 p.m. Background/Discussion Case No. V 16-05 The property owner, Justin Werk, is proposing to construct a 15 foot by 24 foot deck on the backside of the single-family home located at 18681 Ulysses St NW. The property is located with the Trott Brook Farms 10" Addition Planned Unit Development (PUD). The home is constructed approximately 230 feet from the rear property line, which is within 48 feet of a wetland. The rear yard wetland is approximately 55% of the subject property. City ordinance identifies two wetland buffers: first, a 25 foot no mow/maintenance buffer, which prohibits alterations to the established vegetation, and second, an additional 20 foot buffer prohibiting structures. The proposed deck extends 10.5 feet into the wetland setback area and does not extend into the wetland buffer area. The ordinance establishing both of the buffer areas was adopted in 2006, after rI IrE1E1 I NATURE the development was platted, meaning that a variance for the proposed use would not have been required when the house was built. Section 30-1852 regulates wetland setbacks as shown in the image below. The deck will not encroach into the 25-foot wetland buffer strip (red), but is within the required 20-foot wetland buffer (strip) setback (orange). The applicant is asking for a 10.5' variance from the 20-foot wetland buffer strip setback which does not allow structures. Staff has no concern with issuing a variance for the deck as proposed. -DT OkND 11 IP 1CK Applicable Regulation (The applicant's responses are italicized with staffs notes after.) Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: We understand and appreciate the city's intent to protect our natural wetlands. Our family enjoys the wildlife and vegetation the wetland offers to our backyard landscape. We have made upkeep of the wetland a priority by removing any litter or debris that may be harmful to animals and the natural environment. Wlhile building our deck we intend to protect the wetland by installing a staked debris fence. W/e also plan to dig post holes using a motor driven hand auger instead of heavy equoment such as a skid loader. 1. Is in harmony with the general purpose and intent of the ordinance, and The intent of the wetland setbacks is to protect wetlands from negative impacts of building too close to them. The applicant is staying out of the wetland buffer strip and only proposing a portion of the porch to be located in the wetland buffer strip setback area. The general purpose and intent of the ordinance are met. 2. Is consistent with the City of Elk River comprehensive plan. The property has a land use designation of residential and the proposed residential use is consistent with the comprehensive plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties mean that: N:\Departments\Community Development\Planning\Case Files\V\V 16-05 Werk\3_Planning Colnnrission\V 16-05 sr BA 6-28-16.docx In 2006 our home was built without the deck added At that time the deck was intended to be added off of the kitchen. When we took ownership of this home in 2012 we planned on building the deck as soon as we could word it. Our family has been saving and planning for this deck for the past fouryears: Currently our home is 48 feet from the wetlands, as the city ordinance is utritten, our home could not be built today in the same location as originally indented with a deck. Our entire block of twelve homes is located closely to the wetland. Most of our neighbors have already added decks to their homes, we would like to complete our home with a deck as well. 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The proposed residential use is reasonable and is permitted in the zoning ordinance. 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 Although new wetland classifications and restrictions have been established since the applicant purchased the property in 2012. Due to the proximity of the house and house design in relation to the wetland, the proposed location is perhaps the best area on the property to construct a deck as it has less wetland impact. The applicant is willing to work with the City to alter the proposed desk if it is the desire of City Council and staff. Wetlands are not unique to properties in Elk River. The subject property has approximately 0.4 acres (hal� of wetlands leaving approximately 0.33 acres (hal� of non -wetland property. As the ordinance is written today a deck would not be feasible on the subject property. 5. The variance, if granted, will not alter the essential character of the locality. The variance will not alter the essential character of the locality. The proposed deck would be consistent with decks located on neighboring properties. Financial Impact None Attachments ■ Location Map ■ Applicants Narrative ■ Site Plan Exhibit N:\Departments\Community Development\Planning\Case Files\V\V 16-05 Werk\3_Planning Commission\V 16-05 sr BA 6-28-16.docx yam.. o- eg i VA F 1 �* r j�40 - b. Justin & Kim Werk 5.22.16 Application for a Variance (Variance Section A) Dear Board of Adjustments, I am writing this narrative so that my family will be granted permission to build a deck onto the home we own located at 18681 Ulysses St NW. We purchased our home four years ago and instantly knew that this was the home our family would remain in for the next 30 years. We are dedicated to improving the property and would like to complete the home as it was intended by the original builders. In 2006, when our home was built, the builder left a sliding door off the kitchen so that it would lead out onto a deck. Ten years later that deck is still not built and the home looks and feels incomplete. Our home was built 48 feet from the wetland area and we are requesting a variance so that we may build a deck in its intended location. The deck we are proposing to build will be seven feet from the ground and a total length of twenty four feet. At its completion, the deck will be more than 35 feet away from the wetlands. (Variance Section B) We understand and appreciate the city's intent to protect our natural wetlands. Our family enjoys the wildlife and vegetation the wetland offers to our backyard landscape. We have made upkeep of the wetland a priority by removing any litter or debris that may be harmful to animals and the natural environment. While building our deck we intend to protect the wetland by installing a staked debris fence. We also plan to dig post holes using a motor driven hand auger instead of heavy equipment such as a skid loader. (Variance Section C and D) In 2006 our home was built without the deck added. At that time the deck was intended to be added off of the kitchen. When we took ownership of this home in 2012 we planned on building the deck as soon as we could afford it. Our family has been saving and planning for this deck for the past four years. Currently our home is 48 feet from the wetlands, as the city ordinance is written, our home could not be built today in the same location as originally indented with a deck. Our entire block of twelve homes is located closely to the wetlands. Most of our neighbors have already added decks to their homes, we would like to complete our home with a deck as well. Thank you so much for your consideration and all you do for keeping Elk River a great place to call home. Justin & Kim Werk ..r Justin perk- EIL*Ikc.L Variance Case NoV 16-05 Rive Memorandum Kiver To: Planning Commission From: Kristin Mroz, Environmental Technician Date: June 23, 2016 Subject: 18681 Ulysses St NW On June 14, 2016, BrieAnna Simon and I visited this property in order to determine the wetland boundary and measure for the 45 ft. setback. According to our measurements, this deck will remain outside of the 25 foot Wetland Buffer Strip but will encroach into the Wetland Buffer Strip setback as determined by 10.5 feet. Recommendations for this encroachment include restoration of the 25 ft. Wetland Buffer Strip to natural vegetation to reduce chemical and rainwater runoff into the wetland and signage stating the location of the Wetland Buffer Strip as a no -mow area. C:\Users\bsimon\Desktop\memo - Werk - Environmental.docx A�f1EI it INATURE ,II 1 40,