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4.1 BASR 12-27-2016Request for Action To Item Number Board of Adjustments 14.1 Agenda Section Meeting Date Prepared by Public Hearings December 27, 2016 Chris Leeseber , Senior Planner Item Description Reviewed by Renae Hauge — 479 Upland Avenue NW Zack Carlton, Planning Manager ■ Front and rear yard setback Variances — Case Reviewed by No. V 16-16 Action Requested Approve, by motion, the front and rear yard setback variance for the following reasons: 1. The general purpose and intent of front yard setbacks is to provide a uniform/controlled look to the front of structures. The general purpose and intent of rear and side yard setbacks is to keep structures reasonably separated from one another. The purpose and intent of these setbacks is in harmony with the ordinance. 2. The comprehensive plan guides this property as Residential. The proposed residential use is consistent with the Comprehensive Plan. 3. Building a residential home on a city approved parcel with setbacks that are more compliant then neighboring properties is using the property in a reasonable manner. 4. The plight of the property is that it received variances for lot size and lot width in 2005, prior to the applicant purchasing it. A front yard setback variance was anticipated when the property was platted. 5. The character of the locale is one of varying front yard setbacks and approving these variances will not alter that character. and with the following conditions: 1. No principal structure can be closer than 20 feet to the south property line. 2. An eight (8) foot tall privacy fence shall be constructed on the west property line as shown on the exhibit titled "Fence Location". The actual location may change when the final site plan is determined. 3. The variance does not apply to accessory structures. Background/Discussion The property is located at 479 Upland and is zoned Single Family Residential (R1 -c) with principal setbacks as follows: Front: 30 feet (this property is a corner lot which has two front properties) Side: 10 feet Garage: 5 feet Rear: 20 feet Accessory structures (sheds) can be located up to five feet from side and rear property lines but need to be setback 30 from the front property lines. The applicant is seeking two variances: 1. The front yard setback be reduced to 15 feet (Upland Ave/east side) 2. Thr rear yard setback be reduce to 10 feet (west side) On August 23, 2005, the Board of Adjustments approved a lot width variance (V 05-03) to reduce the required lot width from 100 feet to 45 feet and a lot area variance to reduce required lot size from 11,000 square feet to 10,330 square feet. One of the exhibits (8-23-05 Exhibit) presented during that meeting identified possible front yard variance areas but did not show any dimensions. The lot is .25 acres in size and will not be allowed to have more than 25% or 2,722.5 SF of impervious surfaces. This includes the house, sheds, patios, sidewalks, driveways and decks. Staff met with the property owner directly to the west of the subject site on December 20, 2016, to discuss the proposal. Her biggest concern was the loss of privacy she would have if the house is built ten feet away from her east property line. She also had questions regarding the Shoreland Ordinance, lots sizes, common ownership, and fencing. Staff clarified the subject parcel meets the Shoreland Ordinance lot size (10,000 sgft) and width (SO ft) requirements. Staff also stated that the Board of Adjustments can include conditions of approval on a variance, such as the requirement of a privacy fence. Staff recommends an eight foot tall privacy fence be constructed on the west property line as shown on the exhibit titled "Fence Location". The actual location may change when the final site plan is determined. Staff will work with applicant on the final placement of fence. 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. First, the general purpose and intent of frontyard setbacks is to provide a uniformcontrnlled look to the front of structures as well as not to block neighbor's lines of sight. The proposed setbacks are uniform with existing structure setbacks on Upland Avenue and meet the requited setbacks on Sth Street. Other structures on Sth Street do not meet the front setback requirements. The adjoining property to the south has a house that is setback about 5-6 feet from the front property line. The proposed setback variance is in more compliance than the home to the south. During the 2005 platting process, a front yard variance was anticipated. Second, the general purpose and intent of .ride yard setbacks is to keep structures reasonably separated from one another. In this case, requiring 10 foot ,rideyard .retback.r provider at least 20 feet between homes. Corner lots function with tzvo frontyardr, one .rideyard, and one rearyard. The rearyard is defined as, ayard extending along the full width of a rear lot line (opposite the addressed side) between side lot lines Although tecbnicalythere N:\Departments\Community Development\Planning\Case Files\V\V 16-16 Renae Hauge\3-Board of Adjustments\V 16-16 sr BOA 12-27-16.docx is a rearyard by definition, in this case the two non frontyarcls essentially function as side yard r. The proposed setbacks maintain proper .rideyard setbacks The house directly to the west of the subject parcel does not appear to meet side yard setbacks The proposed setback from the western property line is in more compliance than the existing house on the west lot adjoining the subject parcel. A side yard setback dimension is maintained. Staff agrees with the applicant the general purpose and intent of front yard setbacks is to provide a uniform/controlled look to the front of structures. The general purpose and intent of rear and side yard setbacks is to keep structures reasonably separated from one another. The purpose and intent of these setbacks is in harmony with the ordinance. 2. Is consistent with the City of Elk River comprehensive plan. The comprehensive plan guider this property as residential. The proposed use is consistent zvith 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: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; Building a home on a city a�iproved parcel zvith setbacks that are more compliant than neighboring properties is using the property in a reasonable manner. The property is guided for residential uses and the city approved a lot with both a reduced area and lot width. Building a residential home on the subject parcel is reasonable. 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 plight of the property is that it received variances for lot .ride and lot width in 2005, prior to the applicant purchasing it. A frontyard setback variance was anticipated when the pmperty wasplatted. The actions on this property happened prior to the applicant purchasing it. 5. The variance, if granted, will not alter the essential character of the locality. The character of the locale is one of varying frontyard setbacks and apprnving these variances will not alter that character. If granted, the variance will alter the essential character of the locality. Financial Impact None Council Meeting If denied, or an appeal is made by any interested party by January 6, 2017, this item will go to the January 1731 2017, (Tuesday) City Council meeting. N:\Departments\Community Development\Planning\Case Files\V\V 16-16 Renae Hauge\3-Board of Adjustments\V 16-16 sr BOA 12-27-16.doca Attachments ■ Location Map ■ Applicants Narrative ■ 8-23-05 Exhibit ■ Required and Proposed Setback Exhibit ■ Staff Proposal ■ Fence Location N:\Departments\Community Development\Planning\Case Files\V\V 16-16 Renae Hauge\3-Board of Adjustments\V 16-16 sr BOA 12-27-16.docx 5THTS,T N-. I hi �.low- up_. w Yy v � i IEli " 2 N Variance Request Property Address : 479 UPLAND AVE NW, ELK RIVER MN PID #:75-773-0105 Plat 773-RAIVALA ADDITION Sec-Twp-Rng Sec.33 T33N R26W Legal Description LOT 1, BLK 1 Last Recording A 650465 Date: 05/22/2007 Class 200-Residential 2-3 units or Vacant Land Occupancy NON -HOMESTEAD Deeded Acres 0.25 Tax District ELK RIVER CITY School District 728 - ELK RIVER This request is being made to the City of Elk River for the consideration and approval of setback requirements for the lot currently addressed as 479 Upland Ave. A Purchase Agreement (PA) has been accepted by the property owner, the intent is to build a new home on this property as a permanent residence, and the building plans are consistent with the current neighborhood and surrounding homes. The PA will be fully executed upon The City of Elk River approving and accepting the ordinance changes described as follows: 1) Is in harmony with the general purpose and intent of the ordinance First, the general purpose and intent of front yard setbacks is to provide a uniform/controlled look to the front of structures as well as not to block neighbor's lines of sight. The proposed setbacks are uniform with existing structure setbacks on Upland Avenue and meet the required setbacks on 5th Street. Other structures on 5 h Street do not meet the front setback requirements. Second, the general purpose and intent of side yard setbacks is to keep structures reasonably separated from one another. In this case, requiring 10 foot side yard setbacks provides at least 20 feet between homes. Corner lots function with two front yards, one side yard, and one rear yard. The rear yard is defined as, a yard extending along the full width of a rear lot line (opposite the addressed side) between side lot lines. Although technically there is a rear yard by definition, in this case the two non -front yards essentially function as side yards. The proposed setbacks maintain proper side yard setbacks. The house directly to the west of the subject parcel does not appear to meet side yard setbacks. a. Request change to be made from a 30 foot setback to a 15 foot setback for the front of subject parcel. b. The home located at 441 Upland Avenue, next 479 Upland is setback approx 6 feet on Upland Avenue. 2) Is consistent with the City of Elk River comprehensive plan. The comprehensive plan guides this property as Residential. The proposed 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. 3) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; Building a home on a city approved parcel with setbacks that are more compliant than neighboring properties is using the property in a reasonable manner. 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 plight of the property is that it received variances for lot size and lot width in 2005, prior to the applicant purchasing it. A front yard setback variance was anticipated when the property was platted. 5) The variance, if granted, will not alter the essential character of the locality. The character of the locale is one of varying front yard setbacks and approving these variances will not alter that character. This plated vacant lot is limited in space as a buildable lot by the current zoning ordinances. This lot is long and narrow, to remain consistent with the current neighboring homes (i.e. square footage, 20' x 22' garage requirement, exterior appearance, driveway, elevation, neighborhood appeal) the above requested setback approvals would be beneficial to the neighborhood and The City of Elk River Planning in keeping with the current homes and tax base. In summary, I am requesting the setback requirement to be approved for this property as follows: ✓ 15' setback for proposed home/garage on Upland Ave ✓ 10' setback for proposed home and 5' setback for proposed garage on adjacent neighboring homes and garages ✓ 30' setback on 5t" Street NW side for proposed home will remain the same Should this request not be approved, anyone wanting to build on this lot would be required to build an extremely small home (i.e. fish house type) or higher elevation home to meet present setback requirements. This would result in a change in the tranquil appearance of the existing neighborhood as well as, the appearance from the lakeside of the neighborhood surrounding lake Orono. Thank you in advance for considering the approval of these requested variances. Best Regards, Renae Hauge 763-286-6269 LA ' _ :- 8-23-05 Exhibit 'ONO �1 Shoreline of Lake Orono �1 5TH STREET OUSE SETBACKS - UPLAND AVE ADDRESS � 1 PROPOSED SETBACKS STAFF PROPOSAL 5TH STREET F- * ---� STAFF PROPOSAL 5TH STREET F- * ---� 5TH 97 d err L � / / / / / / / / / / / / / / r ) 2,1.�, ? /J & d6 0 X To: Board of Adjustments Good Evening. I am here this evening to respectfully request that variance V16-16 be denied based on the issues and concerns set forth in the attached information package. Thank you. Dolores Kratzke 1707 5th St. Elk River, MN 55330 RE: Variance Request -- Case No V16-16 Renae Hauge 479 Upland Avenue My name is Dolores Kratzke, I live at 1707 5th Street and I am the residence on the west/rear property line. My husband nd I built this house in 1959 and have lived there since, we have for all those year believed that our property line has `,,,--been 10' from our east side of the house and we have maintained that 10' by mowing and watering. In 2005 we didn't oppose the variance request that Jim was proposing because, his intent was to keep any structures 20' from our lot line. Two variances were granted and it was shown the lot could fit a standard house as stated in staff comments. Now 11 years later a request for two more variances and one is to be closer to my property line which will reduce my property value along with my privacy. 1 believe that a standard house like shown during the 2005 variance process can fit on this lot and still keep the rear setback at 20'. The concern should be to fit the house to the buildable area not to fit the lot and setback to the size of house. Outstanding concerns with proposed variances at 479 Upland Avenue NW Past Variance Actions Taken: A. On August 23, 2005 the Elk River Board of Adjustment granted two variances to the dimensional standards to allow an administrative subdivision. The variances that were granted were a lot area variance, the requirement at that time was 11,000 sq. ft. the applicant's lot was 10,330 sq. ft. and a lot width the requirement was 100ft the lot was 45ft wide. B. When these variances were granted by the City in 2005 the 5th finding used to approve these variances stated a "standard size single family home can be constructed on the site as noted on the drawing prepared by Staff". See Attachment A C. in addition it appeared the applicant who had requested the administrative simple plat wanted a 10ft variance to the east lot line (Upland Ave) to provide additional separation to the neighbors to the west. See Attachment B D. On page 17 of the shoreland management ordinance provided to me, Subdivision V --Sec 30-2041 Subdivisions and platting (b) A subdivision will not be approved where a later variance from one or more standards in official controls would be need to use the lots for their intended purpose. See Attachment C Building Plans: A. Is the applicant proposing to construct a one story or two story house? Are they planning for a full basement? B. The house plan provided to me by staff show two patio/French doors out to deck with 5 steps which puts the house elevated to at least 40" off of grade. See Attachment D C. The plans provided by the city shows two different proposed garage sizes. what is the size of the applicant proposed garage? D. The oddly shaped home is creating the need for a larger variance request. A standard designed home would eliminate the need for a variance, Why is the deck shown on the building plans not shown on the siteplan? The information provided by City shows a main level floorplan with a wraparound deck, this deck in not shown on the site plan provided to the Board. It appears the deck is 10ft wide if the deck was added to the proposed house the edge of the deck would be placed up to our shared lot line. There are seven steps shown on the floor plan these stairs would encroach over the lot line. What is the proposed lowest floc? A. The plans provided by the City do not indicate the lowest floor or lowest opening elevations. This property is located within the Shoreland District of Lake Orono. The 100 year flood elevation far this Lake is 877.0, meaning the `--- Regulatory Flood Protection Elevation is 878.0. According to LIDAR elevation for this lot is 882.0. B. If the applicant is proposing to construct a full basement, according to information available the low floor could only go 4ft below the existing grade which would result in the top main floor would be 5' to 6' above the adjacent grade. The recommended 8' privacy fence doesn't provide privacy except to block my windows and my view of their basement. See Attachment E C. The applicant's building plans indicate stairs on the main level going down so it appears they are planning on having a full basement but as I have stated that information has not been provided. What are the proposed elevations? There are no drainage plans provided for this project. Is the applicant proposing to bring in fill to elevate the house? What are the applicant's plans to control stormwater runoff from impacting neighboring lots to the west or the south? Placement of house lot: It is unclear to me why is the City first condition of approval is, "No principal structure can be closer than loft to the south property line". To the south there is a detached garage the new house could be placed 10 from this lot line. If my residence is 5' from the shared lot line and the variance requests were granted to allow this house to be 10ft from the lot line there will be only a 15' separation between our houses. What is the proposed impervious surface? 1**MWHas the applicant provided calculations on impervious surface? According to your shoreland ordinance Sec 30-2025 2 (a) No more than 25% of the lot can be covered with impervious surface. The information provided by the applicant indicated the house, garage, and a proposed driveway equal to the width of the garage will be approximately 2,529 sq. ft. and will equal roughly 24% this calculation does not include a sidewalk or deck or landings. See Attachment F The third condition recommended by the city is "The variance doesn't apply for accessory structures" if the house, driveway and deck cause this lot to equal 25% impervious surface, how could an accessory structure be built without another variance to impervious surface? Finding of Facts 1. Is the request in harmony with general purpose and intent of the ordinance? Variance to road: The adjoining house to the south that was part of the original parcel before the property was allowed to be split is the only residence on Upland that doesn't meet the required 30'setback so it is not in harmony with 9 of the 10 homes. See Attachment G Variance to rear lot line: My house was built 1959 prior to the ordinance and required setbacks. We have maintained 10' of land between my east foundation wall. If indeed my house is only 5' from the shared lot line, and the variance request is granted to allow this house to be 10' from the lot line, there will be only a 15' separation between our houses. Not 30'as intended by the ordinance. when staff makes the comment applicant's house would be more i not entirely true i in act m home is 5 or 6' to the property line, then my house is only 4 or 5 feet compliant, t is y f f Y P P Y less than the required setback. The applicant is proposing to be 10' closer than the required setback. 2. Is consistent with the City of Elk River Comprehensive plan. A standard single family residence would fit on this lot according to staff drawing in 2005 when property was `-- allowed to be subdivided. See Attachment H 3. The petitioner purposes to use the property in a reasonable manner not permitted by the zoning ordinance. Requesting a variance on a City approved subdivision should not require a variance and is in violation of Sec. 30-2041 (b) a subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. See Attachment C 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. The plight of the petitioner is due to the oddly shaped home purposed again a standard single family residence would fit on this city approved lot and staff drawing from 2005. See Attachment H 5. The variance, if granted, will not alter the essential character of the locality. Building a slab on grade rambler would meet the essential character of the properties on Upland Avenue, and may not require two variances. See Attachment I Before a decision is made on this variance request 1 believe that the Board needs more information. slat information includes: 1. Proposed house plans so you can see if this is a reasonable request for this lot. 2. Proposed impervious surface coverage - important because of the small lot size. I This lot is in the shoreland district, and has low floor elevation requirements. The staff and board need to know the elevation of the proposed house, and the lowest opening. 4. grading plans, this is a low lot and may need to be elevated. S. Additional improvements planned for the property including: proposed deck, accessory structures etc. Without the above mentioned information you are just approving a site plan that may or may not work. If a variance is granted, with the minimal amount of information provided plans may change without my knowledge or the board's knowledge. Let's all do our due diligence to protect my property and investment and the city approved subdivision that should fit a standard single family residence. Bond of Adjusnaents V% utes August 23, 2005 6. Page 3 4* THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETAITIONEWS OWN ACTION OR INACTION, E CITY, WHILE HAVING PRESCRIPTIVE RIGHTS, DOES NOT HAVE E NECESSARY EASEMENTS REQUIRED FOR UPLAND AvENUE, THE NEED FOR THE MY TO ACQUIRE - THE RIGHT OF WAY FROM THE APPLICANT IS A-CONDIIION BEYOND THE APPLICANT'S CONTROL AND CONTRIBUTES TO THE NEED FOR THE VARIANCES. IN ADDITION, THE APPLICANT WAS NOT RESPONSIBLE FOR CREATING THE SHAPE OF THE PARCEL'THIS WAS A RESULT OF PAST AUDITOR'S SUBDIVISION ACTIONS. 5* THE VARIANCE WILL NOT BE DQJUMOUS To OR ADVERSELY AFFECT THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHEREIN THE PROPERTY IS SITUATED AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THIS AR11CLE, THE RESULTING LOT AREA FOR THE SECOND LOT WILL BE JUST SLIGHTLY UNDER THE 11,000 SQUARE FOOT hUNIMUM LOT REQUIREMENT. IN ADDMON, BY GRANTINGMIE BATH VARIANCE,, A STAkWAAD_,.S&U_ ICW STILL BE CONSTRUCTED ON THE SITE AS NOTEDDNT M MG PREPAREDSTAFF. MOTION CARRIED 7-0. There b no ftu-ther business, MOVED BY COMOSSIONER, STEVENS AND SECONDED BY COMMSSIONER SCOTT TO APPROVE ADJOURN THE MEETING. MOTION CARRIED 7-0. The meeting of the Elk River Board of Adjustments adjourned at 6:44 p.m. RespeafiA*submitwd, 4040A�w- %4a�� Debbie Huebner Recording Secretary 7 r 05 13 : S9 FAIL 6127563281 BERKLEY RISK ADMIN. 0 011 ,2 .v, j ,r. j V, c v u � t v v I Air o, ��C � K_,K 1 Y t ,_ 11 _ L Z` �^ h�,i. •t; _. ... ........... �'P•: allow tow S•• •�• !'•• �. ,•.1• t law r%• ..A j �+ a • '� '� j��jjS U of F C w 30 doe QU! ntU � w y � ' j i �A soa 40 w • /~ So zt .— IF top 4rPon to vot I *0312611E\ • �, , • •; ;. r r � ' r 3, l2 1 01% r r•.. •t• , •v or -401 aWo 0 maw►- nl �+ Orono, • �s 0.6 Fast at /too - '���r • ' ,. or � �.. Ufli?UVGIts � - �, ` is •','tea o ,, • , opt ,ytoll . , : , :. •, 0 t Sit 11 !tr►ee is • J. ' (OiV. ONO 41, SULDING . do 1 *05 its 0�. Ex1STIN Block 5 that pv p •_•t ' 5 ''_' 2 I. A�UD " �• SAC Sh orelhY =sue• ' ��` •��'i�• • Curtwcy •'Y, , w south a:� ,/Lukg. oA/ describe . �• .�., .-� VILLAGE i 0 7-19-20a5 Jinx Raivala 441 Upland Ave NW Elk River, MN 55330 612-8 I2-6746 Re: Land use application for Administrative Subdivision and variance Administrative Subdivision: I am requesting an administrative subdivision or simple plat on my current property for two reasons. One, the division of the property creates a very nice city lot with a lake view for someone to build a home on. Two, the simple plat would provide the city necessary right-of-way to complete the 2005 road rehabilitation project. 'variance: I am requesting a 10 foot building variance be granted on the east side of the newly created property at the corner of Upland and 5 Street. The variance should transfer to a new owner if the lot is sold and should remain valid for a minimum of ten years. The property under examination is very unique and there are multiple reasons that the literal enforcement of the current ordinance should not apply to this property: - The lot division grants the city approx. 25 feet of right-of-way on the east side of the lot. By granting such a significant amount of right-of-way to the city the current buildable area of the existing lot is decreased. The variance requested would return some of the buildable area to the property - Returning some of the buildable area to the property will not adversely affect the health, safety, or general welfare of the public. The public will actually be safer with the new structures created on the side lot. - Allowing the house to be built 10 feet further east on the lot will provide conformance with the existing house on the block at 441 Upland Ave. Even with the 10 foot variance, the new structure built will be set back further from the road than my current property at 441 Upland -Many of the existing houses on Lake Orono/Main Street do not meet current set back requirements from the street. The new structure will not look odd or out of place if it is constructed closer to Upland Ave - Allowing the house to be built 10 feet fisher east on the lot will provide additional separation from the neighboring proper on 5 h Street - Literal enforcement of the current setback rules would deprive the owners of the property some additional privacy in the backside lot to enjoy the lake views - Allowing the 10 foot variance will give the builder more options in creating a structure to blend in with the existing neighborhood (3) On -site sewage treatment systems shall be set back from the ordinary high-water level in accordance with the setbacks contained in section 34-2022(a). `-- (4) All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in subsections (b)(1) through (4) of this section. It shall be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on -site field investigations. Evaluation criteria are as follows: a. Depth to the highest known or calculated groundwater table or bedrock. b. Soil conditions, properties, and permeability. c. Slope. d. The existence of lowlands, local surface depressions, and rock outcrops. (5) Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with section 30- 1986(3). (Code 1982, § 904.08(8); Ord. No. 15-06, § 33 2-17-2015) Secs. 30-2029--30-2040. - Reserved. Subdivision V. - Restrictions and Requirements Sec. 30-2041. - Subdivisions and platting. (a) Land suitability. Each lot created through subdivision, including planned unit developments authorized under section 30-2042, shall be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the city shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near -shore aquatic conditions unsuitable for water -based recreation, important fish and wildlife habitat, presence of owl significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. (b) Conformance with subdivision controls. Subdivisions shall conform to all official controls of the city. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for. their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with sections 30- 2022 and 30-2028 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of section 30-2021, including at least a minimum contiguous lawn area that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks shall not be approved. (c) Information requirements. Sufficient information shall be submitted by the applicant according to section 30-303 for the city to make a determination of land suitability. In addition, the following information shall be provided in shoreland districts: (1) Adequate soils information to determine suitability for building and on -site sewage treatment capabilities for every lot, from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods; (2) Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near -shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities; (3) Location of 100-year floodplain areas and floodway districts from existing adopted maps or data; and (4) A line or contour representing the ordinary high-water level as established by the state department of natural resources, the toe and the top of bluffs, and the minimum building setback distances from the top of the bluff �.- and the lake or stream. �(d ) Dedications.ltlhen a land or easement dedication is a eor�_�. iyis�'on aprs�1-h-ap-�t�oi easements over natural drainage or ponding areas for management of stormwater and significant wetlands. Page 17 pdf K 8 Example of elevated house. I T m 0 F7r rt 42 4Z gm N-11 * p's Ns iA n, 3NI i. BeaCOrl��� Sherburne County, MN Overview Legend 0 Townships Roads 0 Plats El Parcels Parcel ID 75-536-0115 Alternate ID n/a Owner Address n/a Sec/Twp/Rng 33-33-26 Class 201-Residential 1 unit Property Address 517 TIPTON AVE NW Acreage 0.35 ELKRIVER District ELK RIVER C ITY Brief Tax Description n/a (Note: Not to be used on Iec al documents) Disdakner: Fveryattempthas been made to ensure that the information contained on this Ymb site is valid at the time of publication. Sherburne County reserves the right to make additions, changes, or corrections at anytime and without notice. Additionally, Sherburne County disclaims anyand all liability for damages incurred directlyor indirectly as a result of errors, omissions or discrepancies and is not responsible for misuse or misinterpretation. Data is updated periodically. For the most current information contact the appropriate countydepartment Disclaimer for St Cloud Parcels: Sherburne County information about St Cloud properties are limited to classification and value. Any questions regarding additional information please contact the City of St Cloud's assessor office. Date created:12/26/2016 Last Data Uploaded: 92/25/201611:04:35 PM fuhDeveloped by - The Schneider Corporation MMMZ 7-M Q .Shoreline of 40ke - Oron o " - _:•, v,a,..v,:' .� _t-'.-., ..-'e�-;t'i.. 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