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4.1 BASR 10-25-2016Request for Action To Item Number Board of Adjustments 4.1 Agenda Section Meeting Date Prepared by Public Hearings October 25, 2016 BrieAnna Simon, Planner Kristin Mroz, Environmental Technician Item Description Reviewed by Progressive Builders - 10744 Twin Lakes Parkway Zack Carlton, Planning Manager ■ Encroachment of a deck into the wetland buffer setback, Case No. V 16-11 Reviewed by Action Requested Approve, by motion, the variance request by Progressive Builders to allow a deck to encroach 12 foot 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 wedand 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 wedand 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 November 8, 2016, the application will automatically be forwarded to the City Council for consideration. That meeting will be held on Monday, November 21, 2016, at 6:00 p.m. Background/Discussion The property owner, Progressive Builders, is proposing to construct a 14 foot by 12 foot deck with a 4 foot by 14 foot stairwell on the backside of the single-family home located at 10744 Twin Lakes Parkway. The property is located with the Twin Lakes Estates Addition Planned Unit Development (PUD). The home is constructed approximately 49 feet from the rear property line, which is within 45 feet from the water edge of the wetland. Approximately 1.5 percent of this property is covered in wetland which translates to approximately 37.5 percent of the property being restricted by the wetland setback. 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 12 feet into the wedand 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. Therefore, the proposed deck will fall within the new ordinance regulation that p a w E R E U 6 Y NaA f RE] is being proposed for adoption by the Planning Commission on October 25, 2016, and City Council on November 21, 2016. 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 12 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. It was brought to the city's attention on October 17, 2016 that the deck has since been built on the property prior to receiving the variance or a building permit. The deck was constructed according to the plans outlined in the variance application. \\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\V\V 16-11 Progressive Bldrs - TW Pky\4-Planning Commission\V 16-11 sr BA 10-25-16.docx 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: This document will explain the nature and conditions of the request for two variances to allow for construction of a singlejamiybouse on the subject property listed above, also known as Lot 3, Block 1, TW17N LAKES ESTATES. 1. Is in harmony with the general purpose and intent of the ordinance, and In 2004, this lot was created and designed to support a singlejamiystructure according to the City standards at that time. Wl'e propose to construct and attach a deck to the rear of the newly constructed house on this lot. However, due to more recent City wetland buffer ordinances (Division 10.5, Section 30-1852), this lot will no Ion ger support an addition of a deck. Planning 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. Environmental The intent of the wedand 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. Rainwater runoff is a concern for wetland water quality. However, decks typically allow some form of infiltration into the ground (as opposed to a roofed structure). Additionally, another concern is the possibility of the wetland growing in size. A deck will not be as impacted by saturated ground as a structure with foundation would be. The general purpose and intent of the ordinance are met. 2. Is consistent with the City of Elk River comprehensive plan. Our intention is to adhere to the City ordinances as closely as possible. ile feel that the proposed use of the lot is consistent with the City' s comprehensive plan and is in harmony with the general purpose and intent of the ordinance and requirements for this P. U.D. development. Planning The property has a land use designation of residential and the proposed residential use is consistent with the comprehensive plan. Environmental The property has a land use designation of residential and the proposed residential use is consistent with the comprehensive plan. \\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\V\V 16-11 Progressive Bldrs - TW Pky\4-Planning Commission\V 16-11 sr BA 10-25-16.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; lie feel that the construction of a deck is utilising the property in a reasonable manner. The proposed deck will not alter the essential character of the locality and it will be consistent with other homes surrounding this drainage basin. Planning The proposed residential use is reasonable and is permitted in the zoning ordinance. Environmental 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 25 foot wetland buffer strip, along with the 20 foot wetland buffer strip setback, combines for an overall setback of 45 feet from the normal water level of the basin behind Lot 3. This lot was designed and approved as a buildable lot by the City without consideration of a wetland buffer strip and setback. It appears that many of the existing houses andl or decks around this basin do not meet the current 45 foot setback. Planning 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 (half) of wetlands leaving approximately 0.33 acres (half) of non -wetland property. As the ordinance is written today a deck would not be feasible on the subject property. Environmental This lot was platted prior to the wetland rules. Today, staff makes sure that housing plans include space for a deck that is 45 ft. from the wetland. Due to the circumstances of the plat, the applicant is restricted in space for a deck and has chosen a reasonable option. \\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\V\V 16-11 Progressive Bldrs - TW Pky\4-Planning Commission\V 16-11 sr BA 10-25-16.docx The variance, if granted, will not alter the essential character of the locality. IYIe feel that the construction of a deck is utilising the property in a reasonable manner. The proposed deck will not alter the essential character of the locality and it will be consistent with other homes surrounding this drainage basin. Planning The variance will not alter the essential character of the locality. The proposed deck would be consistent with decks located on neighboring properties. Environmental 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 \\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\V\V 16-11 Progressive Bldrs - TW Pky\4-Planning Commission\V 16-11 sr BA 10-25-16.docx • �� � it �r - � 4 r 4!fk (01Z f _ _ E i Procyr-C S- Sive Builders Vafialice x I tMI. � F.we�k Case t V 1 -1 1 ever Variance Narrative 10744 Twin Lakes Parkway This document will explain the nature and conditions of the request for two variances to allow for construction of a single family house on the subject property listed above, also known as Lot 3, Block 1, TWIN LAKES ESTATES. In 2004, this lot was created and designed to support a single family structure according to the City standards at that time. We propose to construct and attach a deck to the rear of the newly constructed house on this lot. However, due to more recent City wetland buffer ordinances (Division 10.5, Section 30-1852), this lot will no longer support an addition of a deck. The 25 foot wetland buffer strip, along with the 20 foot wetland buffer strip setback, combines for an overall setback of 45 feet from the normal water level of the basin behind Lot 3. This lot was designed and approved as a buildable lot by the City without consideration of a wetland buffer strip and setback. It appears that many of the existing houses and/or decks around this basin do not meet the current 45 foot setback. Our intention is to adhere to the City ordinances as closely as possible. We feel that the proposed use of the lot is consistent with the City's comprehensive plan and is in harmony with the general .purpose and intent of the ordinance and requirements for this P.U.D. development. We feel that the construction of a deck is utilizing the property in a reasonable manner. The proposed deck will not alter the essential character of the locality and it will be consistent with other homes surrounding this drainage basin. age 2nG .;l�iEty 4=�emc;sic ¢� W<a 5 ift �w ool"' �g nitas3 4r _ i. 3 rear ! t k5*€a � SCALE: t" s IO' (VACANT) €F.-1 115-IAi-pfo YY q @ L IN 75-7.55-010 f � Y f a+ (T Assn' 4,250 x sq ft. 7 19 ti a <1 - 'tS2050 � C "PF }lFER99S2PE� ems_ \ F•F{� r Ffsfing 'enre if. en fires) \ V2..' S! y MA5 101 \,42P5 Ceftificate of Survey for Progressive Lot 3, Block � TWIN LAKES ESTATES City of Elk River, Sherburne CounN Minnesota fF�a� a� - i4'.� metes e+aynt� - �� � _• D, � Brag ffi'sC� S,$i§rbt LS zass: Y J \� 9enataa blftm[haisx mafa� \ fir-rMp �M PK tat to —)"ark Cat Imn fsa:u -t Nc f?:. qu-Pes = 5r JSTxg 3.Z Rq,. 26`. 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