4.1.c. BASR 02-27-2018
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Request for Action
To
Board of Adjustments
Item Number
4.1c
Agenda Section
Public Hearing
Meeting Date
February 27, 2018
Prepared by
Amanda Bednar, Environmental Coordinator
Chris Leeseberg, Senior Planner
Item Description
David Barrett – 13936 196th Avenue NW - Case
No. V 18-02
Wetland setback variance
Reviewed by
Zack Carlton, Planning Manager
Reviewed by
Action Requested
Approve, by motion, the wetland setback variance for the following reasons:
1. This project falls under the Wetland Conservation Act De Minimis Exemption so the intent of
the ordinance is met while allowing for this parcel to have two additional buildable lots.
2. The subject parcel is guided for residential and proposed to be that. It is consistent with the
Comprehensive Plan.
3. The proposed residential use and driveway locations are reasonable and are permitted in the
zoning ordinance. The wetland impacts fall under the De Minimis exemption making the request
reasonable for Wetland Conservation Act purposes.
4. The presence of wetlands is beyond their control. The plight of the petitioner is not due to their
own action or inaction.
5. The essential character will not be altered as the subject property can support three parcels in size
comparable to the locale.
And with the following conditions:
1. Approval of the lot size and lot width variances
2. All areas within the 25 foot wetland buffer strip 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. All areas within the 20 foot wetland buffer strip setback, that are not part of
the driveway or side slope, may not have additional structures, paving, or other impervious
surface.
3. All conditions and best practices outlined by the Wetland Conservation Act via the Technical
Evaluation Panel decision shall be met.
Background/Discussion
Mark Barrett is requesting a variance to encroach into the required wetland setback for the construction
of two driveways on the parcel to be divided. The west driveway will impact 1120 square feet of wetland
and will not meet the city’s regulations regarding wetland setbacks for impervious surface. The proposed
driveway location will impact two small portions of the Type 2 wetland. The east driveway will impact
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SETBACK.docx
1330 square feet of wetland and also will not met the city’s wetland setback regulations for impervious
surface. This location is proposed in the narrowest portion of this Type 2 wetland.
A wetland delineation was completed in October 2017 and reviewed by the Technical Evaluation Panel
(TEP) for the wetland Boundaries and Type. A decision was made via the Wetland Conservation Act
(WCA) process to approve the delineation on November 13, 2017. Mr. Barrett is proposing to impact
portions of the wetlands for the creation of two new driveways. All the wetland impacts fall under the
WCA De Minimis Exemption, meaning that no mitigation or replacement of wetlands is required for the
proposed work.
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 regulations.
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 purpose 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 have two additional buildable lots.
2. Is consistent with the City of Elk River comprehensive plan.
The subject parcel is guided for residential and proposed to be that. It 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 means that:
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SETBACK.docx
3. The petitioner proposes to use the property in a reasonable manner not permitted by the
zoning ordinance;
The proposed residential use and driveway location are reasonable and are permitted in the
zoning ordinance. Additionally the wetland impacts fall under the De Minimis exemption
making the request reasonable for WCA purposes.
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 two large basins
that extend beyond the property. The determined driveway locations do result in some
impacts but remain minor. The parcels also still have buildable space for future homes that
will meet 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, if granted, will not alter the essential character of the locality.
The essential character will not be altered as the subject property can support three parcels in
size comparable to the locale.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by an interested party by March 9, 2018, this item will go to the March 19,
2018, City Council meeting.
Attachments
Location Map
Applicants Narrative
Site Plans
Minnesota Wetland Conservation Act Notice of Decision
Mark and Suzanne Barrett request variance to subdivide property at
13936 196th Ave NW
Elk River, MN 55330
We are applying for city variance to 1) split our 7.52 acre parcel into three 2.41 acre lots,
2) to allow driveway access through wetlands, and
3) to request a variance of roadway frontage from the 160 lf required.
The 3 lots would consist of an East lot which would be a future building site for a single family dwelling.
The middle lot is our residence of 38 years, a single family dwelling.
The West lot would be a future building site for a single family dwelling which includes an existing out
building.
All three lots will total 2.41 acres each, a variance from 2.5 acres, due to the city road easement, which
takes .37 acres overall.
The driveway access to the proposed East and West lots will impact wetlands. The driveway locations on
these 2 lots will show the least amount of impact to the wetlands. With the delineation survey, we can
utilize a de minimus exception, allowing us to impact up to 5% of the two basins.
The de minimus allowance for Basin A (proposed East lot) is 1630 sf and proposed driveway would
impact 1330 sf.
The de minimus allowance for Basin B (proposed West lot) is 1240 sf and proposed driveway would
impact 1120 sf.
Each of the 2 driveways would be 10’ wide with 6’ on each side for slope, which reflects the square
footage of total impact areas.
Each of the 2 driveways would require variance consideration for the 45’ setback from the approach
areas.
The Middle lot has an existing driveway and does not impact wetlands.
The final request for variance is the road frontage right-of-way for each of the 3 lots.
The city recommendation is 160 lf per lot. Our plan proposes 160 lf for the East lot, 108 lf for the middle
lot, and 220 lf for the West lot. The variations of the road frontage plan for the Middle and West lots
were arrived at to minimize the impact of wetlands with the proposed driveway locations.
The main purpose of our request is to create 2 buildable lots in the area, but due to ordinances in place,
we would need your consideration of variances to do so. We believe these 3 variances that we are
requesting in order to split existing lot into 3 lots is reasonable and would allow two more beautiful
building sites to the area. We believe this is in harmony with the general purpose and intent of city
ordinance. If granted, this will add to the character of the locality by the creation of two potential single
family dwellings in our neighborhood.
Thank you for your consideration,
Mark and Suzanne Barrett
BWSR Forms 11-25-09 Page 1 of 3
Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit (LGU)
City of Elk River
Address
13065 Orono Parkway
Elk River, MN 55330
1. PROJECT INFORMATION
Applicant Name
Mark Barrett
Cottage Industries
Project Name
Barrett Property
Parcel Divide
Date of
Application
October 26,
2017
Application
Number
WCA
17-09
Attach site locator map.
Type of Decision:
Wetland Boundary or Type No-Loss Exemption Sequencing
Replacement Plan Banking Plan
Technical Evaluation Panel Findings and Recommendation (if any):
Approve Approve with conditions Deny
The TEP visited the site on November 13, 2017 and concurred with the wetland boundaries for both
basins based on site indicators including vegetation, hydrology and topography. At this time, there are no
imposed wetland impacts.
2. LOCAL GOVERNMENT UNIT DECISION
Date of Decision:
Approved Approved with conditions (include below) Denied
LGU Findings and Conclusions (attach additional sheets as necessary):
For Replacement Plans using credits from the State Wetland Bank:
Bank Account #
Bank Service Area
County
Credits Approved for
Withdrawal (sq. ft. or nearest .01
acre)
Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the
approval of a Wetland Replacement Plan is conditional upon the following:
Findings: Two wetlands were delineated on the 7.5 acre parcel on August 11, 2017. The NWI showed
two wetland basins on site and the delineated edge was larger than shown on those maps. TEP members
observed a prodiminant vegetation and elevation change on the delinated wetland edge.
At this time there are no proposed impacts to the wetlands.
Conclusion: The TEP and LGU concur with the wetland boundary as submitted in the report dated
October 26, 2017.
BWSR Forms 11-25-09 Page 2 of 3
Financial Assurance: For project-specific replacement that is not in-advance, a financial
assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule
8420.0522, Subp. 9 (List amount and type in LGU Findings).
Deed Recording: For project-specific replacement, evidence must be provided to the LGU that
the BWSR “Declaration of Restrictions and Covenants” and “Consent to Replacement Wetland”
forms have been filed with the county recorder’s office in which the replacement wetland is located.
Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that
BWSR has withdrawn the credits from the state wetland bank as specified in the approved
replacement plan.
Wetlands may not be impacted until all applicable conditions have been met!
LGU Authorized Signature:
Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255,
Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as
specified above. If additional details on the decision exist, they have been provided to the landowner and
are available from the LGU upon request.
Name
Amanda Bednar
Title
Environmental Coordinator
Signature
Date
November
13, 2017
Phone Number and E-mail
763-635-1068
ABednar@ElkRiverMN.gov
THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT.
Additional approvals or permits from local, state, and federal agencies may be required. Check with all
appropriate authorities before commencing work in or near wetlands.
Applicants proceed at their own risk if work authorized by this decision is started before the time period
for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be
responsible for restoring or replacing all wetland impacts.
This decision is valid for three years from the date of decision unless a longer period is advised by the
TEP and specified in this notice of decision.
3. APPEAL OF THIS DECISION
Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a
petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of
this Notice to the following as indicated:
Check one:
Appeal of an LGU staff decision. Send
petition and $ fee (if applicable) to:
Appeal of LGU governing body decision. Send
petition and $500 filing fee to:
Executive Director
Minnesota Board of Water and Soil Resources
520 Lafayette Road North
St. Paul, MN 55155
4. LIST OF ADDRESSEES
SWCD TEP member: Bill Bronder
BWSR TEP member: Cade Steffenson
LGU TEP member (if different than LGU Contact): Amanda Bednar
DNR TEP member: Mark Pelham
DNR Regional Office (if different than DNR TEP member)
WD or WMO (if applicable):
BWSR Forms 11-25-09 Page 3 of 3
Applicant and Landowner (if different)
Members of the public who requested notice:
Adjoining landowner list as submitted by the applicant and verified by City Staff
Corps of Engineers Project Manager: LeeAnn Glomski
BWSR Wetland Bank Coordinator (wetland bank plan decisions only)
5. MAILING INFORMATION
For a list of BWSR TEP representatives,
see: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA_areas.pdf
For a list of DNR TEP representatives, see: www.bwsr.state.mn.us/wetlands/wca/DNR_TEP_contacts.pdf
Department of Natural Resources Regional Offices:
NW Region:
Reg. Env. Assess. Ecol.
Div. Ecol. Resources
2115 Birchmont Beach Rd.
NE
Bemidji, MN 56601
NE Region:
Reg. Env. Assess. Ecol.
Div. Ecol. Resources
1201 E. Hwy. 2
Grand Rapids, MN 55744
Central Region:
Reg. Env. Assess. Ecol.
Div. Ecol. Resources
1200 Warner Road
St. Paul, MN 55106
Southern Region:
Reg. Env. Assess. Ecol.
Div. Ecol. Resources
261 Hwy. 15 South
New Ulm, MN 56073
For a map of DNR Administrative Regions, see: http://files.dnr.state.mn.us/aboutdnr/dnr_regions.pdf
For a list of Corps of Project Managers,
see: www.mvp.usace.army.mil/regulatory/default.asp?pageid=687 or send to:
o Dept. of the Army, Corps of Engineers, St. Paul District
ATTN: CO-R, 190 Fifth Street East
St. Paul, MN 55101-1638
For Wetland Bank Plan applications, also send a copy of the application to:
Minnesota Board of Water and Soil Resources
Wetland Bank Coordinator
520 Lafayette Road North
St. Paul, MN 55155
6. ATTACHMENTS
In addition to the site locator map, list any other attachments:
WCA Application and Delineation Report