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5.1 BASR 07-26-2016Request for Action To Item Number Board of Adjustments 5.1 Agenda Section Meeting Date Prepared by Public HearingsJuly 26, 2016 BrieAnna Simon, Planner Item Description Reviewed by Adam Pramann - 18514 Olson St NW Zack Carlton, Planning Manager ■ Encroachment of a deck into the wetland buffer setback, Case No. V 16-09 Reviewed by Action Requested Approve, by motion, the variance request by Adam Pramann to allow a deck to encroach 14.5 feet into the required 45 foot wetland setback for the following reasons: 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 August 9, 2016, the application will automatically be forwarded to the City Council for consideration. That meeting will be held on Monday, August 15, 2016, at 6:00 p.m. Background/Discussion Case No. V 16-09 The property owner, Adam Pramann, is proposing to construct a 14 foot by 20 foot deck on the backside of the single-family home located at 18514 Olson St NW. The property is located within the Trott Brook Farms 81h Addition Planned Unit Development (PUD). The home is constructed approximately 200 feet from the rear property line, which is within 31 feet of a wetland. The rear yard wetland is approximately 65% 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 14.5 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 4A UR 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 14.5' 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. 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: ire 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. Ile 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. IYIe also plan to dig post holes using a motor driven hand an instead of heavy equipment such as a skid loader. 1. Is in harmony with the general purpose and intent of the ordinance, and The proposed deck is the best use of space with the existing slidingglass door and ledger board attached to the house. The house was built with the intent to add a deck out through the kitchen sliding door. The proposed deck would extend into the iletland Buffer Strip Setback but remain out of the W1,edand Buffer Strip. The vegetation will be left under the deck to aid in the purpose of the iletland Buffer Strip Setback. 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. \\dc3-elks\shared\Departments\Community Development\Planning\Case Files\V\V 16-09 Pram2nn\4-Planning Commission\V 16-09 sr BA 7-26- 16.docx 2. Is consistent with the City of Elk River comprehensive plan. The property is Zoned for residential use and the proposed deck inconsistent with the Elk River Comprehensive Plan. The proposed deck would meet all criteria required for new decks including setbacks from the property line. 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: In 2006 our home was built without the deck added At that time the deck was intended to be added off of the kitchen. Wlhen 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 fouryears. 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. 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The proposed variance for the addition of a new deck structure is a reasonable use for the property. The plans for the new deck structure are copies of the si.Ze and dimensions as two neighboring existing decks in the development. 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 Due to the development being built in 2003, when the existing wetland requirements were not in place, all most all homes in the Trott Brook development have decks installed, many encroaching on the Wl'edand Buffer Strzp Setback. The house was constructed with a ledger board install, intend for a deck extending into the backyard The house as it sits could not be built in its location today; the slidingglass door is located within the W1'edand Buffer Strzp Zone. 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. Wetlands are not unique to properties in Elk River. The subject property has approximately 0.35 acres (over half) of wetlands leaving approximately 0.19 acres (less than half) of non -wetland property. As the ordinance is written today a deck would not be feasible on the subject property. \\dc3-elks\shared\Departments\Community Development\Planning\Case Files\V\V 16-09 Pram2nn\4-Planning Commission\V 16-09 sr BA 7-26- 16.docx 5. The variance, if granted, will not alter the essential character of the locality. The proposed variance would not alter the character of the neighborhood. The two homes directly adjacent on each side have a deck extending a minimum of 14.5' past the end of the house. A completed deck would be harmonious with the rest of the neighborhood and align with the intent of the existing sliding door and ledger board. 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 ■ Environmental Memo \\dc3-elks\shared\Departments\Community Development\Planning\Case Files\V\V 16-09 Pram2nn\4-Planning Commission\V 16-09 sr BA 7-26- 16.docx leMt: R � a� .•a Date: June 27, 2016 To: The Board of Adjustments, Elk River From: Adam and Rebecca Pramann Address: 18514 Olson St NW Elk River, MN 55330 Subject: Variance Application Letter Dear Board of Adjustments, Please accept this narrative as a variance application for the addition of a new deck on to our existing home located at 18514 Olson St NW. We purchased our home in 2012 out of foreclosure and have enjoyed improving upon the neglected and unkempt state the house was when we moved in. Our final project on the exterior of the house would be the addition of a deck that would encroach upon the 20 Wetland Buffer Strip Setback. At the deck completion the deck would be more than 31 feet away from the edge of the delineated wetlands. 1) Is in harmony with the general purpose and intent of the ordinance, and The proposed deck is the best use of space with the existing sliding glass door and ledger board attached to the house. The house was built with the intent to add a deck out through the kitchen sliding door. The proposed deck would extend into the Wetland Buffer Strip Setback but remain out of the Wetland Buffer Strip. The vegetation will be left under the deck to aid in the purpose of the Wetland Buffer Strip Setback. 2) Is consistent with the City of Elk River comprehensive plan The property is zoned for residential use and the proposed deck in consistent with the Elk River Comprehensive Plan. The proposed deck would meet all criteria required for new decks including setbacks from the property line. 3) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The proposed variance for the addition of a new deck structure is a reasonable use for the property. The plans for the new deck structure are copies of the size and dimensions as two neighboring existing decks in the development. 4) The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner's own action or inaction; and Due to the development being built in 2003, when the existing wetland requirements were not in place, all most all homes in the Trott Brook development have decks installed, many encroaching on the Wetland Buffer Strip Setback. The house was constructed with a ledger board install, intend for a deck extending into the backyard. The house as it sits could not be built in its location today; the sliding glass door is located within the Wetland Buffer Strip Zone. 5) The variance, if granted, will not alter the essential character of the locality. The proposed variance would not alter the character of the neighborhood. The two homes directly adjacent on each side have a deck extending a minimum of 14.5' past the end of the house. A completed deck would be harmonious with the rest of the neighborhood and align with the intent of the existing sliding door and ledger board. Thank you very much for your consideration on this matter. Adam & Rebecca Pramann DELj v-3 ATE p of 1,JCT L-AraQ v ap 6Fr .zol FT V,3 ET L A.N p Buippm S-TV, �f �RaPos�p M}' p E'c.K 34 ` �5, z y ` PRo� - � E 2C t Sri Iz' �X�ST.LJC+� f a tssr&i oLSoP-3 sr t-av- . sy Ac-Kes PRI VEvJA?/ A 0 L So c-I S'T N v j Memorandum River To: Planning Commission From: Kristin Mroz, Environmental Date: 7-20-16 Subject: V 16-09 Pramann Variance I conducted a site visit of the property and determined the wetland boundary and variance distance requested. According to my measurement, this deck will remain outside of the 25 foot Wetland Buffer Strip but will encroach into the Wetland Buffer Strip Setback by 14.5 feet. The applicant is unique in the fact that other homes on his street do have decks installed and although the house was built with a second story patio door, the deck was never built. The applicant currently mows within the 25 ft. buffer strip. Recommendations for this encroachment include maintenance of the 25 foot Wedand Buffer Strip to natural vegetation to reduce chemical and rainwater runoff into the wetland. Native vegetation in that buffer strip is preferred but not required per ordinance. The Wedand Buffer Strip is a no -mow area.