7.2. SR 11-21-2016 EGty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.2
Agenda Section Meeting Date Prepared by
Public Hearin s November 21, 2016 Chris Leeseber , Senior Planner
Item Description Reviewed by
City of Elk River Zack Carlton,Planning Manager
■ Ordinance Amendment: Allow Decks in Kristin Mroz, Environmental Technician
Wetland Buffer Setback Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt,by motion, an ordinance to amend Section 30-1852, Performance Standards.
Background/Discussion
In the past 16 months, the city has reviewed nine deck variances relating to setbacks within the required
45-foot wetland setback (25-foot wetland buffer strip and 20-foot wetland buffer strip setback). The City
Council did not review any of the nine variances as they were all approved by the Board of Adjustments.
During the City Council work session on September 19, 2016, staff was directed to amend to ordinance
to not apply the 20-foot wetland buffer strip setback, for decks only, on properties platted prior to the
adoption of the wetland setback ordinance on June 19, 2006. The 25-foot wetland buffer strip will be
maintained.
During the work session, the City Council asked why only decks would be allowed. The ordinance is in
place to reduce the amount of stormwater runoff that reaches wetlands and retention stormwater ponds.
Increased runoff adds sediments and nutrients from fertilizer to the water,requiring more frequent
cleanouts of city-owned infrastructure and an increase in aquatic vegetation and algae. Decks and
permeable pavement still allow some stormwater to infiltrate into the ground,reducing runoff. Roofs
and non-permeable pavement do not meet these needs.
Furthermore,natural wetlands can fluctuate in size. In times of heavy rainfall or above-average annual
precipitation,wetlands and stormwater ponds may grow. There have been cases in Elk River where
structures set less than 45 feet from a wetland boundary now see ground saturation up to the structure.
This is a concern for the city and residents in terms of flooding and foundation damage.
Staff is proposing to amend the following language:
Sec. 30-1852. - Performance standards.
(b) Vetland buffer strzp setback. A minimum 20-foot setback from wetland buffer strips is hereby
established by the city. No principle or accessory structures, patios, paving, or other impervious
surface shall be located within this setback. On property that was platted prior to June 19, 2006,
uncovered decks and permeable pavement can be located within this setback. Nature trails, at
the city's approval, may be located within the wetland buffer strip setback.
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Fences may encroach into the wetland buffer strip setback, but at no time shall they be allowed
within the wetland buffer strip or in delineated wetlands.
Planning Commission Meeting Summary
During the public hearing, a representative of Bogart Peterson asked the Commission to consider
allowing houses within the Wetland Buffer Strip Setback as there are several properties that are difficult
to "squeeze" a house around the wetland setbacks. The Commission agreed with staff s recommendation
of only allowing decks. They also stated the properties the representative referenced can apply for a
variance where each case can be analyzed individually.
The Planning Commission unanimously recommended approval of the request.
Financial Impact
None
Attachments
■ Ordinance
N:APublic Bodies\Agenda Packets\11-21-2016\Final\x7.2 sr.docx
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to be removed
Underlines to be added
City ofElk -m"' -�
River
Ordinance 16 -
An Ordinance Amending Section, 30-1852, Performance Standards of the City of
Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That� 30-1852 (b), Performance Standards, of the City of Elk River Code of
Ordinances shall read as follows:
(b) Wletland buffer strop setback. A minimum 20-foot setback from wetland buffer strips is hereby
established by the city. No principle or accessory structures, atios
paving or other impervious surface shall be located within this setback. On property that was
platted prior to June 19, 2006, uncovered decks and permeable pavement can 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 or in delineated wetlands.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 21"day of November,2016.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
AVR
Last Updated March 2014