5.2. BASR 07-27-2021 Request for Action
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To Item Number
Board of Adjustments 5.2
Agenda Section Meeting Date Prepared by
Public Hearings July 27, 2021 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Ryan Dunagan—221XX Grant St. NW, Case Amanda Erickson, Environmental Coordinator
No.V 21-03 Reviewed by
■ 75'Lake Setback Variance Zack Carlton,Planning Manager
■ 20'Wetland Setback Variance
Action Requested
Approve,by motion,both setback variances for the following reasons:
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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 ordinance.proposed use is reasonable and is permitted in the zoning \%
The P P P
CR 33
11
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. RR
and;
CR 12
with the following condition: -
1. Structures (principal or accessory) should be no further north
than the structures on the parcel directly to the west,at the
time of approval. yh
2. A 75-foot buffer from the OHW not allowing any impacts, r'19
such as structures, excavation,grading and removal of
vegetation,to occur in the buffer.
3. The wedand variance includes grading and Figure I
structures/driveways.
Background/Discussion
The subject property,zoned R1-a (Single Family Residential) is four acres in size. The applicant is requesting two
variances. A 75-foot setback variance from a natural environmental lake, ordinance requires a setback of 150' and
a 20-foot setback variances from the required 45 foot wetland setback requirement. The lake setback will
accommodate a septic system and a single-family residence, and the wetland setback will facilitate construction of
a driveway.
The Elk River Vision P I I E R E I I Y
A welcoming community avith revolutionary and spirited resourcefulness, exceptional INAWR
service, and community engagement that encourages and inspires prosperity. Updated.August 2020
The parcel is encumbered by a Natural Environmental Lake (as identified by the DNR and included in city
ordinance) and two wetland basins. With all the required setbacks from the various agencies,there is limited area
to build a house, septic system,and a driveway. As access to the parcel from the county road is not permitted,the
buildable area for a house will need access off Grant Street in and around the two wetland basin setbacks. Staff is
recommending approval for a 75-foot setback from the Ordinary High Water level (OHW) of the Natural
Environmental Lake. This area will provide a buffer to the lake via natural vegetation to fit the intent of the
ordinance while allowing for construction on site.
Additionally, the wetland setback is reduced by 20 feet with a remaining setback of 25-feet. The driveway location
is on the southern portion of the lot, further away from the lake to reduce additional impacts. No grading,
excavating, structures,hardcover, or alterations of any type may occur in the setbacks. Given the overall
modifications on site, these buffers are critical and must remain natural and vegetated.
The DNR reviewed the application as the subject parcel is adjacent to a Natural Environmental Lake. They are
recommending that structures (principal or accessory) should be no further north than the structures on the parcel
directly to the west, at the time of approval.
Applicable Regulation
(The applicant's responses are italicized with staffs notes after.)
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 general purpose and intent are to provide stormwater and water quality management near the lakes
and wetlands by limiting how close hardcover/impervious surfaces can be,thus reducing the rate of
stormwater runoff into the lake or wetlands.
Locating the house, and any other site impacts, as far as possible from the Ordinary High Water (OHW)
level, could be in harmony with the general purpose and intent of the ordinance. If approved, staff
recommends a 75-foot buffer from the OHW not allowing any impacts, such as structures, excavation,
grading and removal of vegetation,to occur in the buffer. This vegetated buffer will provide significant
benefit to the lake while allowing flexibility for design on this site which is less feasible with a 150-foot
buffer.
2. Is consistent nvith the City of Elk River comprehensive plan.
The property is guided as Rural Residential where uses are to be developed as residential use in areas
outside of the Urban Service Area that are not currently served by municipal sewer and water. The
predominant land use in this area is single family detached homes. The proposed use,with or without a
variance,would be 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 not requesting anything beyond what other properties in the general area are allowed.
If the house, and any other site impacts,are as far as possible from the OHW, the property will be utilized
in a reasonable manner. Protecting a natural,vegetated buffer is also reasonable to protect these basins.
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 is encumbered by a Natural Environmental Lake and two wetland basins. With all the
required setbacks from the various agencies,there is limited area to build a house. The various regulations
are not a consequence of the petition's own action or inaction. Natural Environmental Lakes have
significantly larger setbacks than wetland basins thus creating a challenging circumstance.
5. The variance, iifgranted, twill not alter the essential character of the locality.
The essential character of the locale,large lot parcels with houses,will not be altered if either variance is
granted. The 75-foot buffer from the lake and 34-foot buffer from wetland basins will ensure vegetation
remains to benefit water quality and wildlife habitat.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by August 6, 2021, this item will go to the August 16, 2021,
City Council meeting.
Mission/Policy/Goal
■ Responsibly grow
■ Meet changing needs -Agile
■ Work with citizens to achieve goals
Attachments
■ Location Map
■ Applicant's Narrative
■ Survey
■ Exhibit A
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Variance Application Explanation
This letter is for a variance request to modify setbacks for 1) new construction of home and 2) driveway
giving access to that home. Variance application is for setback to natural environmental lake shoreline
classification setback requirement of 150'for a variance of 75'for the house building pad and a variance
for wetland setback requirement of 45'for a variance of 34'for driveway to access the home.
The intent is to build a single-family residence on the property. Given the grading characteristics to
achieve this per build plan the back of the house would face northwest and we are requesting a 75 foot
setback to provide the adequate grading per existing site conditions off of the back of the house. Any
further south from the lake the grade slopes towards the road which will not give adequate grade to
build per plan or orientation of the house. Furthermore, it is also undesirable if the house needed to be
orientated with back facing straight west as that would be looking directly at the neighbor's pole shed
and backyard.The area proposed will have the least impact on natural vegetation and tree removal.
To access the home we are also asking for a variance to 34'from the closest part of the driveway to
wetland basin A and basin B.The intent is to have the driveway come off of Grant street from east to
west and staying away from Basin C.The area proposed will have the least impact on natural vegetation
and tree removal.
The goal of this request is to place the home in an optimal location with the least impact to natural
surroundings.The absolute minimal tree and vegetation clearing will be done as to keep the property as
natural as possible.
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