5.3. BASR 05-22-2018The 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
5.3
Agenda Section
Public Hearings
Meeting Date
May 22, 2018
Prepared by
Zack Carlton, Planning Manager
Item Description
Bryan Provo – 19383 Zumbro Ct
Wetland Setback Variance to Allow
Construction of a Pool, Case No. V 18-05
Reviewed by
Chris Leeseberg, Senior Planner
Reviewed by
Action Requested
Approve, by motion, the variance request to encroach 37 feet into the 45 foot wetland setback and
buffer, with the below conditions, as all five requirements for approval of a variance are satisfied.
1.The encroachment into the setback area is limited to three feet behind the existing detached
garage.
2.All retaining walls must include at least 12 inches of clear backfill material directly behind the wall.
The clear backfill material must be separated from the adjacent soils with landscape fabric.
3.Existing vegetation beyond the 37 foot variance shall not be removed or altered in any way. Due
to the proximity to the wetland edge, any work beyond this area may be considered wetland
impacts and subject to the Wetland Conservation Act regulations requiring mitigation.
4.An easement vacation, applied for by the applicant, must be approved by the City Council and
recorded with Sherburne County to allow placement of the pool, retaining walls, and landscaping
within the existing easement area.
Background/Discussion
The applicant, Bryan Provo, has applied for a variance to construct a swimming pool and retaining walls
within the wetland buffer and buffer setback area. 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 in-ground pool and deck extend 37 feet, through the wetland buffer strip setback and into the
wetland buffer area. Section 30-1852
regulates wetland setbacks.
The parcel was platted in 2002, and
the home was built in 2004. The
wetland buffer and setback regulations
were adopted June 19, 2006, with the
intention to reduce the impacts of
development on wetland and
stormwater ponds, specifically
sedimentation, runoff, and nutrient
imbalances.
N:\Departments\Community Development\Planning\Case Files\V\V 18-05 Provo\4-Planning Commission\4.3 sr Provo Variance 5-22-2018.docx
The wetland boundary used to establish the setback for the property is identified on the final plat, but an
updated delineation has not been completed. Staff met with the applicant on site to review the current
wetland location and is comfortable with using the delineation line shown on the plat.
Applicable Regulations
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
The intent of the wetland buffer ordinance is to protect the wetlands from negative impacts and
ensure they function properly. To maintain protections, staff has included conditions of approval
intended to preserve the runoff and contaminant reductions established by the buffer. If the variance
is approved, staff recommends including these conditions.
2. Is consistent with the City of Elk River comprehensive plan.
The subject parcel is guided for residential and will continue to be used as residential. Swimming
pools are consistent with the uses expected in a residential area. The additional conditions proposed
by staff also serve to protect the environmental features desired by the Comprehensive Plan. 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 mean that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
The applicant is proposing a smaller swimming pool and pool deck than would otherwise be
permitted in an effort to minimize their impacts to the adjacent wetlands. The proposed use, along
with the conditions recommend as part of an approval, is a reasonable use of the property.
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 property was laid out/designed for occupation and use prior to adoption of the wetland setback
ordinance. A similarly situated property along an existing wetland would not be permitted under the
current regulations, as it would place an unintended burden on the property owner. The plight of the
petitioner is due to circumstances unique to the property and based on regulations adopted by the
city.
5. The variance, if granted, will not alter the essential character of the locality.
The character of the locality will not be altered as the area proposed for a swimming pool is already
landscaped and adjacent properties are landscaped to the same or increasing degrees/level of impact.
N:\Departments\Community Development\Planning\Case Files\V\V 18-05 Provo\4-Planning Commission\4.3 sr Provo Variance 5-22-2018.docx
Financial Impact
None
Council Meeting
If denied, or an appeal is made by an interested party by June 1, 2018, this item will go to the June 18,
2018, City Council meeting.
Attachments
Location Map
Applicant's Narrative
Photos Submitted by Applicant
Site Sketch submitted May 1, 2018
Nordic Hills Development Plan
Bryan and Jessica Provo
19383 Zumbro Court
Elk River, MN 55330
4/30/18
Narrative
To Whom it may concern:
Project Scope
The purposed project at 19383 Zumbro Court (Nordic Hills) is a inground pool with landscaping. The
installer would be Nassau Pools in Elk River and is scheduled to be installed in June of 2018. The pool
size is 18’ x 30’ and would be up to date with all the latest safety and ecofriendly technology. The project
would include appropriate landscape, cement work and fencing to support safety and ascetics of the
neighborhood.
Request
We are requesting the following:
1)Vacation of a Drainage and Utility Easement
The purpose of the easement vacation is to allow not the pool but the landscaping and pool deck to
have a safe amount of space around the edges of the pool. The proposed project would not encroach
the actual wetlands or water table, just the man-made boundary.
2)Variance on the “Wet Land” Buffer (see below Sec.30-1852 )
Sec. 30-1852. - Performance standards.
(a) Wetland buffer strip. A minimum 25-foot buffer strip from the delineated boundary of a
wetland or ordinary highwater level of a storm water pond is hereby established. Wetland
buffer strips shall meet the following standards:
i. No principle or accessory structures, patios, paving, or other impervious surfaces
shall be permitted within the wetland buffer strip.
(b) Wetland buffer strip setback . A minimum 20-foot setback from wetland buffer strips (45
foot total setback) is hereby established by the city.
i. No principle or accessory structures, patios, paving, or other impervious surface shall
be located within this setback.
To Whom it may concern
4/30/18
Narrative
Page 2
The 45ft setback code was added after we purchased the house and put on a deck and garage in the
back yard. This lot was grandfathered in and would not be a useable lot the way the code reads today.
We are asking for a variance on this to allow the proper landscape and pool deck to surround the pool.
Consistent with Comp Plan
As a fellow volunteer on the latest Comprehensive Plan Committee, I have a great understanding of the
long-term goal the plan entails. I do not feel that this project really applies to the scope of the comp plan
good or bad.
What has changed to warrant the Variance and Easement Vacation?
Nothing has really changed to warrant the Easement Vacation. The city did adopt an additional 20 foot
to the wetland set back that pretty much makes my whole back yard unusable. If we applied this rule to
my neighborhood without and acceptations, this would cripple many of the properties on my street
from being able to landscape their backyards. I don’t wish to contest the setback rule itself, just ask that
you take the rule on a per case basis being it was modified after the houses were placed into our
neighborhood and after we purchased them.
How compatible is it with surrounding properties?
The design of the pool and landscape will be at or above any of the surrounding ascetics. Please note
that this project would be much less of a reach into the wetland/utility easement than both adjacent
properties existing landscape designs.
What are the benefits to the City?
• increase our property value and therefore raise our property taxes.
• We are using a local business from Elk River (Nassau Pools) for the install and maintenance
along with all local subcontractors.
• Improve drainage on the property
• Reduce erosion
• Reduce city water usage with less watering of the grass
• eliminate fertilizer seepage into the wetlands
Sincerely,
Bryan and Jessica Provo