5.1 BASR 08-22-2017 City of
Elk Request for Action
River
To Item Number
Board of Adjustments 5.1
Agenda Section Meeting Date Prepared by
Public Hearings August 22,2017 BrieAnna Simon,Planner
Amanda Bednar,Environmental Coordinator
Item Description Reviewed by
Parent Builders—2215`St NW,PID 75-112-2300 Chris Leeseberg,Senior Planner
• Variance to wetland setback ordinance for Reviewed by
driveway resulting in wetland impacts,Case No.
V 17-06
Action Requested
Approve,by motion,the variance request by Brian Parent to allow a driveway to encroach 24 feet 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. All areas within the 25 foot wetland buffer strip and 20 foot wetland buffer strip setback that are
not part of the driveway or side slope shall not to be maintained as yard area (no mowing, no
planting,no landscaping) and must be left to grow naturally.
2. All conditions and best practices outlined by the Wetland Conservation Act via the Technical
Evaluation Panel decision shall be met.
Background/Discussion
Parent Builders is requesting a variance to encroach into the required wetland setback for the
construction of a driveway on his property.The driveway will impact 330 square feet of a Type 2 wetland
and will not meet the city's regulations regarding wetland setbacks for impervious surface.The project
area was delineated on July 14,2017 and two wetland basins were identified.The applicant applied for a
Wetland Conservation Act(WCA) decision to be made for the Boundary&Type.The proposed impacts
meet the De Minimis Exemption under WCA.The detailed impacts are small enough to not require a
replacement plan.The Technical Evaluation Panel (1'EP) visited the site on July 23,2017 and concurred
with the wetland boundary and types based on site conditions,hydrology,plant communities and soils
present. The house location will be meeting all city setbacks related to wetlands. The driveway impact is
necessary due to Sherburne County Highway Department's requirements for the driveway location and
necessary slope,along with the presences of wetlands along the majority of the front property line.
City ordinance identifies two wetland buffers (shown in image below): first,a 25 foot no
mow/maintenance buffer,which prohibits alterations to the established vegetation, (red) and second,an
rat ' it
NATURE
additional 20 foot buffer prohibiting structures (orange). The proposed driveway extends 24 feet into the
wetland setback and wetland buffer area. Section 30-1852 regulates wetland setbacks. Staff has no
concern with issuing a variance for the driveway as the location results in the least impact to wetlands due
to local and county regulations.
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Applicable Regulation
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 puipose and intent of the ordinance, and
The intent of the wetland buffer ordinance is to protect the wetlands from negative impacts and
ensure they function properly. Given this project falls under the WCA De minimis Exemption,
staff feels the general purpose and intent of the ordinance is still met while allowing for this
parcel to be a buildable lot.
2. Is consistent with the City of Elk River comprehensive plan.
The property has a land use designation of residential,which 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:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the toning ordinance;
The proposed residential use and driveway location are reasonable and are 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
Wetlands are not unique to properties in Elk River.This particular site has numerous wetlands
including two large basins along 221s`St NW. The determined location does result in some
impacts but is minor in comparison to other possible driveway locations.The proposed house
location meets all required wetlands buffer setbacks.The applicant completed a wetland
delineation and WCA procedures to ensure all state and local rules are followed.
5. The variance, ifgranted, will not alter the essential character of the locality.
The variance will not alter the essential character of the locality.
N:\llepartments\Community Development\Planning\Case Files\V\V 17-06 Parent Builders\4-Planning Commission\V 17-06 sr Draft.docx
If the Board of Adjustments denies the request,or an appeal is made by any interested party by
September 1,2017,the application will automatically be forwarded to the City Council for consideration
on Monday, September 18,2017,at 6:00p.m.
Financial Impact
None
Attachments
• Location Map
• Wetland Delineation,WCA Application and Narrative
N:\Departments\Community Development\Planning\Case Files\V\V 17-06 Parent Builders\4-Planning Commission\V 17-06 sr llraft.docx
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Parent Builders
Variance Case No:V 17-06 River
Project Name and/or Number:
PART ONE: Applicant Information
If applicant is an entity(company,government entity, partnership,etc.),an authorized contact person must be identified. If the
applicant is using an agent(consultant,lawyer,or other third party)and has authorized them to act on their behalf,the agent's
contact information must also be provided.
Applicant/Landowner Name: Brian Parent, Parent Builders, Inc.
Mailing Address: 1630 101'Ave. NE, Blaine, MN 55449
Phone: 612-282-0083
E-mail Address: brian @parentbuildersinc.com
Authorized Contact(do not complete if same as above):
Mailing Address:
Phone:
E-mail Address:
Agent Name: Ken Arndt, Midwest Natural Resources, Inc.
Mailing Address: 1032 W. 7th St.Suite 150,St. Paul, MN 55102
Phone: 651-788-0641
E-mail Address: ken.arndt @mnrinc.us
PART TWO: Site Location Information
County: Sherburne City/Township: Elk River
Parcel ID and/or Address: PIN 75-112-2300(10396 221'St. NW)
Legal Description(Section,Township,Range): 12,33N,26W
Lat/Long(decimal degrees):
Attach a map showing the location of the site in relation to local streets,roads,highways.
(See Figure 1 of attached wetland delineation report)
Approximate size of site(acres)or if a linear project,length(feet): 1.8 acres
PART THREE: General Project/Site Information
If this application is related to a delineation approval,exemption determination,jurisdictional determination,or other
correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number.
Describe the project that is being proposed,the project purpose and need,and schedule for implementation and completion.The
project description must fully describe the nature and scope of the proposed activity including a description of all project elements
that effect aquatic resources(wetland,lake,tributary,etc.) and must also include plans and cross section or profile drawings
showing the location,character,and dimensions of all proposed activities and aquatic resource impacts.
Parent Builders is proposing the construction of a new single-family residence located at 102xx 221st St. NW(PID#75-
112-2300) in the City of Elk River.Access for the survey area is off of 221"St. NW.The proposed project will consist
of the construction of a single family residence and a driveway access for the new home.The project's construction
will consist of site grading for the house pad area and the proposed driveway.Construction is expected to take place
in late summer and into the fall of 2017 and will continue until fully built. A Certificate of Survey by Acre Land Survey
for the site depicts the proposed house location and driveway as well as the permanent impact area for the driveway
and is included in Appendix A.
Permanent impacts to Wetland B will involve filling 330 sq. ft. of Fresh Wet Meadow in order to safely
grade/construct a driveway access for the proposed home.The amount of permanent impact to Wetland B is small
enough to qualify for a de minimis exemption and will not require mitigation.
The need for this permanent impact is based on Sherburne County Highway Department requirements for providing
a safe elevation for the end of the driveway where it enters onto 221'St. NW. Currently, the access point to 221st
St. NW is located right along the property boundary with the adjacent property and at a slope that during winter
months and under icy conditions can limit the safe entry onto 221st St. NW.The section of 221st St. NW along the
survey area is a road with a speed limit of 55 m.p.h.The highway department is requesting Parent Builders to move
the driveway access off of the property line which pushes the proposed driveway into Wetland B.In order to provide
the request of the highway department to move the driveway access off the property line and to grade the driveway
at a safe elevation,the driveway will need to be moved off of the property line by 12'to the east.This is the minimum
distance from the property line in order to place the proposed driveway at an elevation with a 3:1 slope that will
allow traffic to enter on or off of 221St St. NW safely.
Project Name and/or Number:
PART FOUR: Aquatic Resource Impact1 Summary
If your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each
impact in the table below. Include all anticipated impacts,including those expected to be temporary.Attach an overhead view map,
aerial photo, and/or drawing showing all of the aquatic resources in the project area and the location(s) of the proposed impacts.
Label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table.
Type of Impact Duration of County,Major
Aquatic Existing Plant
Aquatic Resource (fill,excavate, Impact Overall Size of Watershed#,
Resource Type Communit y
ID(as noted on drain,or Permanent(P) Size of Impact' Aquatic and Bank
(wetland,lake, Type(s)T s in
overhead view) remove or Temporary Resource 3 Service Area#
tributary etc.) Impact Area4
vegetation) (T) 1 of Impact Areas
Wetland B wetland fill P 330 sq ft 665 sq ft Fresh Wet Sherburne, 21,
(the part Meadow 7
located within
the survey
area,this
feature
continues
outside of the
survey area)
'If impacts are temporary;enter the duration of the impacts in days next to the"T". For example,a project with a temporary access fill that
would be removed after 220 days would be entered"T(220)".
'Impacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the
nearest 0.01 acre. Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact
along the flowline of the stream followed by the area impact in parentheses). For example,a project that impacts 50 feet of a stream that is 6
feet wide would be reported as 50 ft(300 square feet).
'This is generally only applicable if you are applying for a de minimis exemption under MN Rules 8420.0420 Subp.8,otherwise enter"N/A".
4Use Wetland Plants and Plant Community Types of Minnesota and Wisconsin 3'd Ed.as modified in MN Rules 8420.0405 Subp.2.
'Refer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp.7.
If any of the above identified impacts have already occurred, identify which impacts they are and the circumstances associated
with each:
'The term"impact"as used in this joint application form is a generic term used for disclosure purposes to identify
activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to
indicate whether or not those activities may require mitigation/replacement.
Project Name and/or Number:
PART FIVE: Applicant Signature
❑ Check here if you are requesting a pre-application consultation with the Corps and LGU based on the information you have
provided. Regulatory entities will not initiate a formal application review if this box is checked.
By signature below, I attest that the information in this application is complete and accurate. I further attest that I possess the
authority to undertake the work des bed herein.
Signature: ,i -~
Date:
I hereby authorize Ken Arndt to act on my behalf as my agent in the processing of this application and to furnish,upon request,
supplemental information in support of this application.
Attachment A
Request for Delineation Review, Wetland Type Determination, or
Jurisdictional Determination
By submission of the enclosed wetland delineation report, I am requesting that the U.S.Army Corps of Engineers,St. Paul District
(Corps)and/or the Wetland Conservation Act Local Government Unit(LGU) provide me with the following(check all that apply):
®Wetland Type Confirmation
® Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU
concurring, not concurring,or commenting on the boundaries of the aquatic resources delineated on the property. Delineation
concurrences are generally valid for five years unless site conditions change. Under this request alone,the Corps will not address
the jurisdictional status of the aquatic resources on the property,only the boundaries of the resources within the review area
(including wetlands,tributaries, lakes,etc.).
n Preliminary Jurisdictional Determination.A preliminary jurisdictional determination (PJD)is a non-binding written indication
from the Corps that waters,including wetlands, identified on a parcel may be waters of the United States. For purposes of
computation of impacts and compensatory mitigation requirements,a permit decision made on the basis of a PJD will treat all
waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be
appealed.
®Approved Jurisdictional Determination.An approved jurisdictional determination(AJD)is an official Corps determination that
jurisdictional waters of the United States are either present or absent on the property.AJDs can generally be relied upon by the
affected party for five years.An AJD may be appealed through the Corps administrative appeal process.
In order for the Corps and LGU to process your request,the wetland delineation must be prepared in accordance with the 1987
Corps of Engineers Wetland Delineation Manual,any approved Regional Supplements to the 1987 Manual,and the Guidelines for
Submitting Wetland Delineations in Minnesota(2013).
http://www.mvp.usace.army.mil/Missions/Regulatory/DelineationJDGuidance.aspx
Appendix A
Certificate of Survey
(prepared by Acre Land Surveying)
CERTIFICATE OF SURVEY PROPERTY ADDRESS:#102xx-221st Ave NW,Elk River,MN
FOR: PARENT BUILDERS PID#75-112-2300 •
E. 0. _ x9 4.0----1 E AIL: 1T`4b'
WETLAND "B" _ •
975.8 1 N8.2°...152-1-4"W - 652.63 973.5 ..x994.1 '°
_ - x 97.6 •
•0OK R /•
t� x.19 2 57 N89 514 W •
12.E -•_ ^-471.87 9
189.89x978:f...... q._._.....x9 :0
/ ...95 --- -West edge proposed driveway
Is 12 from '•••..."""".
*� property line at w Bn.e
POSSIBLEBORING-SECONDARY
•
south r/w line S''.'
x98.3
�� X881 8 x9:'.7 •« p x 983 7 x982 5 x 9963 x
V I+ •
.•j' _ 4,• �'• M P70SSIBLEBORING-SECONDARY
I + I` ,,
I 4pJf- I• 980.] 1. X9779
Y
I �, 1. ..7...::..4. `'` 881.1 ® m
1 23.83 24.16 982 81.9
My�t�, rj .1 � I 1
\q� I r leafage 981.9 21.83 ° �' x971.8
F1=1 I 982.2
42.00
1 960. - R 12Proposed p. I"
I fJjJ�j House
N ow _ 40.00 15.00 is"
N 979.857_, effi► :.8 C •
P :
"
Cl x° '
Cr; x979.1 •
,\
Sr) ;
o
O
(n POSSIBLEPRIMARYSEP'DC '.I . x978
78.1'- x9748
.Z. POSSIBLE•RI RYSEPI-C
x 967.3
o 200 NORTI-# ° u
978.8' ....._... •
POSS1BLEPRIMARYSEP.IIC xMU.,EPRI
( IN FEET )
1 inch =200ft. L- - x972.3 J•
_ N89°07'35"W 653.72
EXISTING PROPERTY DESCRIPTION - /--- -
The Southwest Quarter of the Northwest Quarter and the DETAIL: I"=20'
West Half of the Northwest Quarter of the Northwest Quarter .0%140‘)5
of Section 12, Township 33 North, Range 26 West, Sherburne . g1
. .04
County, Minnesota. --50" �//
*Legal description per tax records, no deed furnished to
surveyor for review.* ��`� ��/
in .1i' i :t 1 T .ROpoSED 3�LG.FT.
h '�' '' ® DENOTES PROPOSED ELEVATION. o **-12 "' 18-- n
Sr) / DENOTES DIRECTION OF DRAINAGE. z ��/
NE
O 0 DENOTES WOOD HUB/METAL SPIKE re V
Z o DENOTES IRON MONUMENT SET N
NOTES
- CITY TO VERIFY ALL BUILDINGS ELEVATIONS AND SETBACKS.
- Bearing's shown are on assumed datum.
- Field survey conducted on 06/13/17. Wetlands located
7/18/17. Wetlands delineated by MNR in July, 2017. .
Wetland "B" added to survey 08/09/17. Location of said BENCHMARK
wetland "B" per overlay of field exhibit created by MNR.
BASI S FOR ELEVATION:NAVD 88(VIA REAL TIME GPS
- This survey was prepared without the benefit of MEASUREMENTS UTILIZING MINNESOTA
titlework. Easement, appurtenances and encumbrances DEPARTMENT OF TRANSPORTATION VRS NETWORK)
may exist in addition to those shown hereon. This survey Rev. 08/14/17, 24' slope
is subject to revision upon receipt of a title insurance Rev. 08/09/17, WETLAND B & drwy stuff
commitment or attorneys title opinion. i:+) N Rev. 07/19/17, add wetlands
- Home location & elevations set by builder. 07/10/17, contours, driveway
- This is not a boundary survey. Fences not located O 0O I hereby certify that this survey, plan
or shown. Purpose of this survey is for house o m or report was prepared by me or
placement, elevations and building permit approval. 0O '" under my direct supervision and that I
Boundary per survey by "Lot Surveys" dated 10/17/13'. r/) am a duly Registered Land Surveyor
- Contours per http://arcgis.dnr.state.mn.us/maps/mntopo/ under the lows of the State of
Minnesota.
N88°59'57"W 1309.63 - R\I U
ERIC R. VICKARYOUS
Date:06/28/2017 Reg. No. 44125
*8'4" POURED WALLS, WALKOUT*
ACRE LAND SURVEYING
PROPOSED ELEVATIONS
Serving Twin Cities Metro
GARAGE FLOOR = 982.2 area and beyond III
TOP OF BLOCK = 982.6 763-458-2997 acrelandsurve (mgmail.com
LOWEST FLOOR = 974.5
JOB#17325 10 I, I2 13 I', , 16 19 110 III 02 113 J. 85 116 ,O 116 119 120
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