5.1 BASR 09-26-2017Request for Action
ver
To
Item Number
Board of Adjustments
5.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
September 26, 2017
Zack Carlton, Planning Manager
Item Description
Reviewed by
Tim Smith — 13349 1901h Avenue NW
Amanda Bednar, Environmental Coordinator
■ Wetland setback variance in order to construct
a driveway, Case No. V 17-07
Reviewed by
Action Requested
Approve, by motion, the variance request by Tim Smith 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. A right-of-way easement vacation for 190th Ave NW must be approved by City Council.
2. The plat of Island View Sixth Addition must be approved by City Council and recorded with
Sherburne County.
3. The applicant shall work with staff for an on -site review of the driveway location prior to
beginning construction activities.
4. 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.
5. All conditions and best practices outlined by the Wetland Conservation Act via the Technical
Evaluation Panel decision shall be met.
Background/Discussion
Tim is requesting a variance to encroach into the required wetland setback for the construction of a
driveway on what is being platted as his property. The driveway will impact approximately 943 square feet
of two wetland basins and will not meet the city's regulations regarding wedand setbacks for impervious
surface. The project area was delineated on August 10, 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 Technical Evaluation Panel (TEP) visited the site on August 23, 2017, and adjusted the delineated
boundaries based on site conditions, hydrology, plant communities and soils present. Formal approval
was given on September 5, 2017.
The variance request is part of a larger application package which also includes a right-of-way vacation
and a simple plat combining four parcels into two and incorporating the vacated right-of-way. The goal is
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to provide access and frontage for the existing home (13349 1901h Ave NW) onto Island View Drive, and
create one new buildable lot with access to 1901h Ave.
Applicable Regulation
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
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.
Variance Requirements
A variance may be granted when the petitioner establishes that the variance satisfies all five of the criteria
described below. The variance is:
1. Is in h 3n- a-iy with theg naral purpcee" intent cf theaci nanxp axl
The proposed variance is in harmony with the general purpose and intent of the ordinance in that
it will provide us a driveway without any direct impact on the surrounding natural resources. The
new driveway would encroach on the nearby wetland setback requirements of 45 feet, by
approximately 16.5 feet on each side of the driveway. The driveway itself would not be
constructed on the wetlands at all, but would only encroach on the wetback itself. This setback is
a requirement set by the City of Elk River only. This is not a state mandate. This request does
keep with the harmony of the general purpose and intent of the ordinance.
2. IsQansstent WththeCitycf Elk Rim angel-ens\,eplan.
The variance is consistent with the City of Elk River's Comprehensive Plan in that it is keeping
the natural demographics of the city's current wetlands, while providing the best possible
outcome to protect wetlands and to minimize costs to the existing and future homeowners. The
variance would allow for a focused development of already urbanized area and would minimize
further encroachments into natural areas. The variance would also enhance the existing character
and vitality of the neighborhood. We take great pride in our property and community and this
variance would allow us to be able to build our home and raise our children in the community
that we ourselves were raised in and have grown to love. The variance would be the most
appropriate use of resources while sticking to the city's comprehensive plan of enhancement and
development as well as preserving nature and our natural resources.
N:\Departments\Community Development\Planning\Case Files\V\V 17-07 Tim Smith\4-Planning Commission\V 17-07 sr Tim Smith
Driveway.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. ThepEtitiowprqxffatousetheprqNtyinar lenuyundpffnitedkythezaringcrdra-M
The proposed variance would not directly impact the surrounding wetlands; it would simply be
used as a driveway. The driveway would pass through this parcel of land in between both areas of
wetland. The driveway would not replace any of the wetland to the east or west.
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 variance has been requested after the cities initial request that a road be put in at a cost to the
landowners. The cost to install this road has come in at $130,000, which makes the road excessive
as it will only service two houses. This causes an economic hardship for both parties involved.
Our suggested action is to purchase the property to the south, construct a driveway through this
property for our neighborhood to the north. The proposed variance will not be detrimental to the
surrounding public, wetland or overall appearance of the neighborhood. If the road were to be
put in a large percent of wetland would need to be taken out in orde for a road to be constructed.
Furthermore there is no other buildable property that could be serviced by the addition of a road.
5. The variance, ifgranted, hill not alter the essential character of the locality.
The proposed variance would not alter the essential character of the locality; ultimately this
variance will allow the locality to stay the way it has been for the last 18 years. It will allow for the
protection and preservation of native habitat and wildlife leaving the area in an untouched and
peaceful state, that the neighborhood has come to enjoy and love about this area. The driveway
that we are proposing to be constructed would only be 8-10 feet wide so it will have minimal
impact on the property and would not replace any of the surrounding wetland.
If the Board of Adjustments denies the request, or an appeal is made by any interested party by October
6, 2017, the application will automatically be forwarded to the City Council for consideration on Monday,
October 16, 2017, at 6:00p.m.
Financial Impact
None
Attachments
■ Location Map
■ Applicants Narrative
■ Driveway Location Exhibit
■ Island View Sixth Addition Plat
N:\Departments\Community Development\Planning\Case Files\V\V 17-07 Tim Smith\4-Planning Commission\V 17-07 sr Tim Smith
Driveway.docx
7N #. 91
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Variance Request
8/28/2017
I) The proposed variance is in harmony with the general purpose and intent of the ordinance in that it will
provide us a driveway without any direct impact on the surrounding natural resources. The new driveway
would encroach on the nearby wetland setback requirements of 45 feet, by approximately 16.5 feet on each
side of the driveway. The driveway itself would not be constructed on the wetlands at all, but would only
encroach on the setback itself. This setback is a requirement set by the city of Elk River only. This is not a
state mandate. This request does keep with the harmony of the general purpose and intent of the ordinance.
2.) The variance is consistent with the City of Elk Rivers Comprehensive plan in that it is keeping the natural
demographics of the city's current wetlands, while providing the best possible outcome to protect wetlands
and to minimize costs to the existing and future homeowners. The variance would allow for a focused
development of already urbanized area and would nummize further encroachments into natural areas. The
variance would also enhance the existing character and vitality of the neighborhood. We take great pride in
our property and community and this variance would allow us to be able to build our home and raise our
children in the community that we ourselves were raised in and have grown to love. The variance would be
the most appropriate use of resources while sticking to the city's comprehensive plan of enhancement and
development as well as preserving nature and our natural resources.
3.) The proposed variance would not directly impact the surrounding wetlands; it would simply be used as a
driveway. The driveway would pass through this parcel of land in between both areas of wetland. The
driveway would not replace any of the wetland to the East or West.
4.) The Variance has been requested after the cities initial request that a road be put in at a cost to the
landowners. The cost to install this road has come in at $130,000, which makes the road excessive as it will
only service two houses. This causes an economic hardship for both parties involved. Our suggested action
is to purchase the property to the south, construct a driveway thru this property for our neighbor to the
north. The proposed variance will not be detrimental to the surrounding public, wetland or overall
appearance of the neighborhood_ if the road were to be put in a large percent of wetland would need to be
taken out in order for a road to be constructed. Furthermore there is no other buildable property that could
be serviced by the addition of a road.
5.) The proposed variance would not alter the essential character of the locality; ultimately this variance will
allow the locality to stay the way it has been for the last 18 years. It will allow for the protection and
preservation of native habitat and wildlife leaving the area in an untouched and peaceful state, that the
neighborhood has come to enjoy and love about this area. The driveway that we are proposing to be
constructed would only be 8-10 feet wide so it will have minimal impact on the property and would not
replace any of the surrounding wetland.
Sincerely,
Tim & N ickie Smith
13329 1906' Ave NW r
Elk River, MN 55330
Justen & Leezza Hemmelgarn
13349 190"' Ave NW
Elk River, MN 55330 �`�
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REVISED 09,/18,/170"
PRELIMINARY
(FOR CITY SUBMITTAL)
VICINITY MAP
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N:\Land Projects\17209 - Tim Smith plat\dwg\Plat\17209 Plat Sheet 2.dwg, 9/19/2017 8:29:00 AM SHEET 2 OF 2 SHEETS