5.2 BASR 06-28-2016E11
v
er
Request for Action
To Item Number
Board of Adjustments 15.2
Agenda Section Meeting Date Prepared by
Public Hearings I June 285 2016 BrieAnna Simon, Planner
Item Description Reviewed by
Thomas & Kristin Gannon - 17875 Concord ST Zack Carlton, Planning Manager
■ Encroachment of a deck into the wetland Reviewed by
buffer setback, Case No. V 16-07
Action Requested
Approve, by motion, the variance request by Thomas & Kristin Gannon to allow a deck to encroach 13
feet into the required 45 foot wetland setback for the following reason:
1. The general purpose and intent of the ordinance is 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 16-07
The property owners, Thomas & Kristin Gannon, are proposing to construct a 16 foot by 14 foot screen
porch with a 20 foot by 6 foot deck connecting to the existing patio on the backside of their the single-
family home located at 17875 Concord St. The property is located within the single family residential (Rl-
C) zoning district. The home is constructed approximately 50 feet from the rear property line, which is
approximately 41 feet from the edge of a wetland. The rear property line is located within the designated
wetland area.
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 13 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 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 13 foot 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.
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:
1. Is in harmony with the general purpose and intent of the ordinance, and
The proposed porch and walkway layout is the best use of space with the existing locations of doors and
windows on the current home. It would also be the smallest and shortest path to the existing patio. There is
almady established vegetation growth as a buffer up to the proposed walkway and down the bank. It is our
intention to preserve and maintain this buffer area as the ordinance seeks to achieve.
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 is guided for residential uses and the pmposal is consistent with the comprehensive plan. The
proposed deck meets residential setbacks for the property. An established vegetation growth area is already in
place and acts as a buffer from the proposed walkway and down the edge of the wetland.
The property has a land use designation of residential and the proposed residential use is
consistent with the comprehensive plan.
K\Departments\Community Development\Planning\Case Files\V\V 16-07 Gannon\3_Planning Commission\V 16-07 sr BA 6-28-16.docx
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;
This variance is quested for the addition of a screen porch, which is a reasonable use on the property. The
proposed screen porch would be in line with the already non -conforming sun room but would still need a 7'
variance. The additional propo red svalkavayl deck would require a 13' variance.
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
The house was built in 2003. The existing wetland requirements were not in place when the house was built.
WIe acquired the properly in 20 10 with the house in its existing layout. As the house is designed a porch is
intended to be constructed on the west side of the house.
Although new wetland classifications and restrictions have been established since the
applicant purchased the property in 2010. 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. 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 as the existing house is
encroaching on the wetland buffer setback area.
5. The variance, if granted, will not alter the essential character of the locality.
The requested variance will not alter the neighborhood character. Following the ordinance, our home would not
be able to be constructed in the same location today. A proposed screen porch will complete the house plan as
designed based on existing locations of doors and windows.
The variance will not alter the essential character of the locality.
Financial Impact
None
Attachments
■ Location Map
■ Applicants Narrative
■ Site Plan Survey Exhibit
N:\Departments\Community Development\Planning\Case Files\V\V 16-07 Gannon\3_Planning Commission\V 16-07 sr BA 6-28-16.docx
I -�- F I f "IM RR
/Iovl
'TOM
Date: May 31, 2016
Home: Tom and Kristen Gannon
Address: 17875 Concord Street NW
Elk River, MN 55330
This variance is requested for the addition of a screen porch. The proposed screen porch would
be in line with the already non -conforming sun room but would still need a 7' variance. The
additional proposed walkway/deck would require a 13' variance. The proposed porch and
walkway layout is the best use of space with the existing locations of doors and windows on the
current home. It would also be the smallest and shortest path to the existing patio. There is
already established vegetation growth as a buffer up to the proposed walkway and down the
bank.
Board of Adjustment Questions:
1. Is in harmony with the general purpose and intent of the ordinance, and
The proposed porch and walkway layout is the best use of space with the existing locations
of doors and windows on the current home. It would also be the smallest and shortest path
to the existing patio. There is already established vegetation growth as a buffer up to the
proposed walkway and down the bank. It is our intention to preserve and maintain this
buffer area as the ordinance seeks to achieve.
2. Is consistent with the City of Elk River comprehensive plan.
The property is guided for residential uses and the proposal is consistent with the
comprehensive plan. The proposed deck meets residential setbacks for the property. An
established vegetation growth area is already in place and acts as a buffer from the
proposed walkway and down the edge of the wetland.
3. The petitioner proposes to use the property in a reasonable manner not permitted by the
zoning ordinance;
This variance is requested for the addition of a screen porch, which is a reasonable use on
the property. The proposed screen porch would be in line with the already non -conforming
sun room but would still need a 7' variance. The additional proposed walkway/deck would
require a 13' variance.
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 house was built in 2003. The existing wetland requirements were not in place when the
house was built. We acquired the property in 2010 with the house in its existing layout. As
the house is designed a porch is intended to be constructed on the west side of the house.
5. The variance, if granted, will not alter the essential character of the locality.
The requested variance will not alter the neighborhood character. Following the ordinance,
our home would not be able to be constructed in the same location today. A proposed
screen porch will complete the house plan as designed based on existing locations of doors
and windows.
IN=
1%
Memorandum
River
To: Planning Commission
From: Kristin Mroz, Environmental Technician
Date: June 23, 2016
Subject: 17875 Concord St.
On June 17, 2016, BrieAnna Simon and I visited this property in order to determine the
wetland boundary and measure for the 45 ft. structure setback. According to our
measurements, this deck and addition will remain outside of the 25 foot Wetland Buffer
Strip but will encroach into the Wetland Buffer Strip setback as determined by 13.0 feet.
Recommendations for this encroachment include maintenance 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.
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