6.5 ITEM NO. 6.5
ty of
lk
River
MEMORANDUM
TO: Planning Commission
FROM: Kendra Lindahl, Zoning Assistant
DATE: August 27, 1996
SUBJECT: Request by Homes Plus, Inc.
for a Conditional Use Permit to grade in
the Wild and Scenic River District,
Public Hearing Case No. CU 96-21
Issue
Homes Plus, Inc. is requesting a conditional use permit to do intensive
vegetative clearing and grading on the bank of the Mississippi River. The
applicant is proposing to grade the bank in order to build a home with a
• walkout basement on this site.
Location
Lot 3, Block 1, Avon Acres 3rd Addition
PID #75-470-0130
Zoning/Land Use
R-la (Single Family Residential)/LR (Low Density Residential)
Attachments
• Location Maps
• Lot Survey
• Letter from Bill Bronder, Soil and Water Conservation District, dated
August 5, 1996
Background
This property is in the Wild and Scenic River District, which means it has
• additional setback and zoning requirements. At this time, the City has not
yet adopted the Wild and Scenic River Ordinance; therefore, this property
S:\PLANNING\KENDRA\CU96-21.DOC
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
• falls under the Shoreland Management Ordinance. The applicant is
proposing to lower the river bank approximately four feet, by grading the lot
to create a walkout basement. The lots on both sides have done similar
projects in the past. The grading done on this project will be comparable to
that done on the two adjacent lots.
Section 904.08(3) of the Shoreland Management Ordinance states that
alterations to vegetation and topography will be regulated. Section
904.08(3)(A)(ii)(a) requires a conditional use permit, with an erosion control
and sedimentation plan approved by the Soil and Water Conservation
District, for this type of alteration. Approval of this conditional use permit is
contingent upon DNR approval.
Analysis
The Shoreland Ordinance requires a 100 foot setback from the ordinary high
water mark for structures, and a 50 foot setback from the ordinary high
water mark for sewage treatment systems.
The applicant is proposing to build a home with a 69 foot setback from the
shoreline. The 69 foot setback is based on the fact that the applicant is
proposing to build a ten (10) foot deck at a future date. The addition of this
deck would place the structure at a 59 foot setback.
The 59 foot setback is based on a line of sight created by the homes on each
side of the property. The home to the north has a 55 foot setback, and the
home to the south has a 85 foot setback. The city has no permits on file for
the existing homes, which indicates that the homes were built prior to 1980.
The home to the south of the applicant's property was built in 1976. Both
homes were build prior to adoption of the Shoreland Ordinance.
Section 904.08(2)(A) of the Shoreland Ordinance states that "Where
structures exist on the adjoining lots on both sides of a proposed building site,
structure setbacks may be altered without a variance to conform to the
adjoining setbacks from the ordinary high water level, provided the proposed
building site is not located in a shore impact zone or a bluff impact zone."
The proposed building is not located in the shore impact zone or the bluff
impact zone. Because the two adjoining homes do not meet setbacks, a line is
drawn between them to establish the setback for this proposed building. No
portion of the building or future deck shall be located closer than 59 feet from
the ordinary high water mark.
•
S:APLANNING\KENDRAACU96-21.DOC
• The proposed grading will take place in an easement along the river.
Grading within an easement also triggers the need for a conditional use
permit.
DNR Recommendation
Staff spoke to Dan Lais, MN DNR Division of Waters, about this project. Mr.
Lais indicated that the DNR is always concerned about this kind of intensive
clearing or grading project in the Wild and Scenic River District. The City's
decision is contingent upon DNR approval.
Recommendation
Staff recommends approval of the conditional use permit with the following
findings and conditions:
Findings
1. Grading this area to create a walkout basement will not detrimentally
affect the use and enjoyment of other property in the immediate area
since the adjacent properties both appear to have done the same thing.
2. The project is consistent with the comprehensive plan.
•
3. The project will comply with the spirit and intent of the City Ordinance.
Conditions
1. Approval of the project is contingent upon DNR approval.
2. No permits will be issued until written approval from the DNR is received
by the city.
3. All of the erosion control specifications outlined in the letter from the Soil
and Water Conservation District will be met.
4. The home must meet all required setbacks, including a minimum of a 59
foot setback from the ordinary high water mark.
•
S:\PLANNING\KEN D RA\C U9(i-21.DOC
SKETCH OF PROPOSED RESIDENCE F�e.wo N°i-066
SCALE: 1" -30
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SHERBURNE SOIL AND WATER
CONSERVATION DISTRICT
Ir
0 6 199fi
14855 Hwy. 10
Elk River,MN 55330
Tel. (612)241-1170
Fax(612)241-1161
MINNESOTA
SOIL AND WATER CONSERVATION DISTRICTS
August 5, 1996
Tim Flynn
Homes Plus
5730 Quam Avenue NW
Rogers, MN 55374
Mr. Flynn;
Regarding the erosion control plan for Lot 3 , Block 1, Avon
Acres 3rd Addition, I 'm enclosing copies of the Natural
Resources Conservation Services specifications for silt
fencing and critical area plantings . The silt fence should
be installed at elevation 862 on the river bank and remain
in place until vegetative cover is re-established over the
• excavated area. The temporary seeding should also be
heavily mulched. The river bank below the 862 elevation
should not be disturbed.
If you have any questions, please contact me .
Sincerely, 2
(9ti�� 6te,A "�Q�,
William Bronder
District Technician
cc . Kendra Lindahl, City of Elk River
encl .
AN EQUAL OPPORTUNITY EMPLOYER
--(./
ityof
�lkRiver
MEMORANDUM
TO: Planning Commission
FROM: Kendra Lindahl, Zoning Assistant
DATE: August 27, 1996
SUBJECT: Addendum to the Conditional Use
Permit Request by Homes Plus, Inc.,
Public Hearing Case No., CU 96-21
After staff informed the applicant that the DNR will not approve grading the
bank of the Mississippi River, the applicant, Tim Flynn of Homes Plus, Inc.
requested that this item be tabled until the September 24, 1996, Planning
Commission meeting. This will give Homes Plus, Inc. time to revise their
plans.
•
•
S:\PLANNING\KENDRA\CU9G-21 B.DOC
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
City of
Elk River
13065 Orono Parkway • P.O. Box 490
Elk River, MN 55330
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LOCATION
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CASE: Cu 96-21
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SNORE LINE OF MISSISSIPPI o z I
RIVER
WATER ELEVATION: 842.2' — — c i I /
TOP OF BANK ELEVATIONS ' _T --88.0
FROM 865' TO 870' Is 69. 13'I 00'• W
DATE OF SURVEY: AUG. 29, 1961 l
FLOOFTIRMISArG 1965
860.0+/- PER U.S. CORPS
OF ENGINEERS
LOCATION IV
City ID / MAP
Elk River
13065 Orono Parkway • P.O. Box 490 CASE: CU 96-21
Elk River, MN 55330