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5.3. BASR 06-25-2019 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity The Wild and Scenic River ordinance, adopted from Minnesota Statutes – Chapter 103F, restricts structures within 30 feet of a bluff along the Mississippi River. This variance request has been forwarded to the DNR Area Hydrologist for their official comments on the application but staff has not yet received a response. The rear side of the home was built within approximately one foot of the bluff setback line making it difficult to add a deck without a variance. The applicant indicated, in their narrative, their neighbors to the east and west have structures closer to the embankment then what they are proposing. The two houses on each side of the subject property are as follows: 17887 Concord: Home built in 2016, had to meet 45 foot setback for wetlands, no encroachment known 17875 Concord: Received a variance June 28, 2016, to encroach 13 feet into the wetland setback for the construction of the deck 17857 Concord: All structures meet setback requirements from water and bluff area 17833 Concord Ct: Home is 100 feet back from ordinary high water level. The house and patio meet the 30-foot bluff setback 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 Wild and Scenic ordinance is intended to preserve the scenic, recreational, natural, historical, and scientific values of the Mississippi River and adjacent lands. The setback is intended to limit visual, erosion, and pollution impacts resulting from development too close to the river. The intent of the bluff setback is to minimize soil erosion, visibility impacts, and to ensure the bluff remains stable. While the support posts of the deck will have little to no impact on the bluff, the additional impervious surfacing could increase the rate of run off. If the deck remains uncovered, and no impervious surfaces are installed on the ground below the deck, the general purpose and intent could be met. 2. Is consistent with the City of Elk River comprehensive plan. The property is guided for residential uses and decks are allowed in residential districts. The 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 means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The applicant is proposing to use the property in a reasonable manner, as decks are an allowed use in the zoning district. The deck is proposed to be 10 feet wide behind the house with the larger portion of the deck wrapping around the corner of the house located outside of the 30-foot bluff setback. To lessen the impact within the bluff setback, the size of the deck behind the home could be reduced while still providing access to the larger portion of the deck. N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 19-03 Kraljic\\4-Board of Adjustments\\5.3. BASR 06-25-2019.docx 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 home was built on the property in a manner that does not allow construction of a deck without a variance. The current owner had the home built, but the impacts of bluff setbacks may not have been known at the time they built the house. 5. The variance, if granted, will not alter the essential character of the locality. Decks on homes are an allowed use and the essential character of the locality would not be altered. Many of the neighboring properties have decks and the proposal is consistent with the neighborhood. Financial Impact None Council Meeting If denied, or an appeal is made by any interested party by July 5, 2019, this item will go to the July 23, 2019, City Council meeting. Attachments  Location Map  Applicant’s Narrative  Survey Overlay  Neighboring Parcels  Site Photos N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 19-03 Kraljic\\4-Board of Adjustments\\5.3. BASR 06-25-2019.docx 0 .1 E Y_ I r O31 IDmD 0 .1 E I r 0 .1 Valentine and Michelle Kraljic Address; 17863 Concord St NW, Elk River, MN 55330 Description of Property; Plat: 601-Mississippis Oaks Second Addition Sec-Twp.-Rng: Sec.5T32N R26W Legal Description: Lot 10, Blk 3 Narrative for Variance: House was originally designed with look -out windows and an egress door leading to a deck. At time of building, placement of the house was pushed forward to maximize backyard for growing family. We just never got around to building it. The deck will be built of high-quality materials and unobtrusive colors. Petitioners have previously consulted with both the county officials and private companies to rid embankment of invasive species at a substantial cost, time and effort. Both the DNR and Prairie Restoration, Inc stated the embankment had mostly invasive species except for Wild roses, Columbine and another plant that the DNR has never seen in the wild. It's spreading now. Prairie Restoration stated the trees were fighting for nutrients and light. They also said the landscape by the drain was different than the rest of the embankment, likely due to the movement of dirt. It's all invasive now. We have made, and continue to make strong efforts to maintain the embankment in its natural state. Currently all of our neighbors to the east and west of us have structures closer to the embankment than we do, even after deck completion we will be farther away from the embankment than our neighbors. We believe we have been excellent stewards of our property for 20 years. We were the 1 st house on this street, and every year in the fall and spring until we had neighbors. we would clean up the trash along the embankment. We feel a well-built deck, hidden by the trees, and still farther away from the embankment than our neighbors will in no way alter the essential character of the locality. rr n Ulm. r � 01 For reference only. This is not a survey. w !' 43"0! r52"E 134-57 �M ""- CENTER OF THE QLD RIVER CH AN NEL - — --- Property Line ----- Bluff Line ----- Bluff Setback Line No Build Area 0 0 C3 0 W. 00 G T7NWj FSWAIATI mq17 c' 11 y� y X m. ��b .fes - 5,2 �- 5.3 H�ndalt- EDA slid Memorandum To: planning Department From: MN Department of Natural Resources Date: 06-20-2019 Subject: Variance Request for Comments — June 2019 The agency listed above has reviewed the application listed below and has the following comments: V 19-03 Valentine & Michelle Mattsen-Kraljic —17863 Concord St. NW — 30' bluff setback variance for the Wild & Scenic River Setback to allow installation of a deck 1. Allowing structures to be placed closer than the minimum 30 foot setback can lead to destabilization of the bluff which will lead to structural failure and failure of the bluff. There are no mitigation practices that can be recommended at this time to offset the impact. V 19-05 Brian Copeland —18378 Boston St NW - lot coverage variance 1. Mitigation of the site should be performed to offset the impacts from increasing impervious surface area. This mitigation can be in the form of rain gardens or other approved water retention features.