5.1. BOA SR 01-24-2023it ci
Elk*
River
Request for Action
To
Item Number
Board of Adjustments
5.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
January 24, 2023
Zack Carlton, Community Development Director
Item Description
Reviewed by
Benjamin Olson — Lot 3, Block 1, Fairhaven
Chris Leeseber , Senior Planner
Reviewed by
Hills
■ Variance supporting construction of a
driveway within the 45-foot wetland
setback, Case No. V 22-16
Action Requested
Approve, by motion, a variance approving a reduced driveway setback
from the edge of a delineated wetland as:
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. The proposed use is reasonable and is permitted in the zoning
ordinance.
4. The plight of the petitioner is due to circumstances unique to the
property not a consequence of the petitioner's own action or
inaction.
5. The variance will not alter the essential character of the locality.
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RR
_Hwy10 _
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GR 33
CR 12
with the following conditions: t `�
1. The applicant shall locate the driveway as close to the western, l f R9
property line as feasible, without encroaching into the driveway
setback.
2. Construction shall meet all other standards of the ordinance
(vegetation maintenance, grading, etc.)
Figure I — -
Background/Discussion
The applicant, Ben Olson, has requested a reduced wetland setback to accommodate a driveway to support
construction of a new single-family home. The parcel has a significant amount of wetland, limiting the buildable
area, and has remained undeveloped since being platted in 1987.
The parcel is approximately 2.52 acres and much of the buildable area is in the rear half of the property, behind a
large wetland. The proposed driveway will create minimal disturbance within the setback area and staff has
included a condition with the approval to locate the driveway west as far as possible. Sliding the driveway west,
while not encroaching into the setback, will minimize wetland setback impacts.
The Elk River Vision P I I E I E o 0 Y
A welcoming community with revolutionary and spirited resourcefulness, exceptional [NATURE]
service, and community engagement that encourages and inspires prosperity. Updated. August 2020
Applicable Regulation
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described
below. The applicant's responses are noted in italics, while staffs analysis follows.
The variance is:
Is in harmony with the general purpose and intent of the ordinance, and
The intent of the wetland setback and buffer ordinance is to limit runoff pollution within wetlands and
stormwater basins. The proposed driveway will have minimal impacts on the setback area and much of the
runoff will have the opportunity to run through a vegetated area prior to entering the wetland.
With the recommended conditions, the variance is in harmony with the general purpose and intent of the
ordinance.
2. Is consistent with the City of Elk River Comprehensive Plan.
The Comprehensive Plan guides the property for single-family uses and encourages responsible
development as it relates to environmental features. The requests will not alter the use of the parcel, nor
will it have a significant effect on the adjacent wetland. The variance request 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 petitionerproposes to use theproperty in a reasonable manner notpermitted by the Zoning ordinance;
The driveway impact is a reasonable use of the property not otherwise permitted by the ordinance.
4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner's on.,n action or
inaction; and
The property was platted in 1987 and our wetland setback and buffer ordinances were adopted in 2006.
The original layout of the subdivision did not account for the wetlands in the same way that would be
required of a subdivision today. The proposed use of the property is consistent with the original intent and
the request itself is not a consequence of the petitioner's own action or inaction.
5. The variance, iifgranted, mill not alter the essential character of the locality.
Development of an undeveloped residential lot could alter the essential character of the locality, but the
proposal is consistent with nearby parcels and is consistent with the intent of city plans and codes. The
variance will not alter the essential character of a locality designated as single-family residential.
Council Meeting
If denied, or an appeal is made by any interested party by February 3, 2023, this item will go to the February 21,
2023, City Council meeting.
Mission/Policy/Goal
■ Support the growth and development of the community
Attachments
Location Map
Driveway Variance Exhibit
I I 75=515 130 T5-515-0140
75-51
75-119-2399 75-119-2398
1
75�l53-0105
:. a 75-453-0125 75.453-0130
75-053-0205 75-453-0210
- 754537-0215 7553-0110
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a? 75-453-0255
75-453-0225mum
Olson Case No:V 22-16
City of
Elk
Variance River
Certificate of Survey
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PID: 75-515-0140 PID: 75-453-0/20 /P 3/4"
NW corner N 89°31'46" E 155.70 open
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8194
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Ben Olson
Lot 3 Block 1 FAIRHAVEN HILLS
- - City of Elk River Sherburne County, Minnesota
Section 19, Township 33, Range 26
Pro pert v Descrio tion:
Lot 3, Block 1, FAIRHAVEN HILLS, Sherburne County, Minnesota.
Survey Notes:
I. This survey was performed without the benefit of a title report. No search
for restrictions or easements was made by the surveyor
2. Bearings are based on the plot of FAIRHAVEN HILLS, said plot was recorded
PID: 75-453-0/05 I o I June /8th /987.
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Tile Riser
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ZONING
RI - A Single Family Residential
SETBACKS
35'
Fron t
30'
Rear
20'
Side
25'
Wet/and
20'
Wet/and Buffer Zone
X
0 40
SCALE: 1" = 40'
LEGEND:
•
Denotes found iron monument
Denotes found rebor
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Denotes mailbox
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Denotes septic c/eonout
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Denotes electric service
Denotes sanitary manhole
❑T
Denotes telephone pedestal
❑1v
Denotes cable television box
Denotes soil boring
®
Denotes well
Denotes wetland
nDenotes
tree, deciduous
LS 8194
Denotes John Oliver, LS
LS 15233 Denotes Dennis Toylor, LS
LDenotes bituminous surface
Denotes grave/ surface
Denotes 25 foot wetland setback zone
— — — — — Denotes easement
Denotes existing adjoiners
wL — Denotes wet/and
Denotes mow line
Denotes wet land setback line
SBL — Denotes building setback
Drainage and Utility Easements are
shown thus:
II
10
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N.T.S.
Being 10 feet in width and adjoining
front lot lines, also being 10 feet in
width and adjoining side and rear
lot lines, unless otherwise noted.
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