Agenda - Environmental Policy Board - 07/19/2021

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encroachment. Secondly, that Lots 3-5 will be restricted to a single driveway access point (the zoning district would allow for two access points) to eliminate future encroachments. Finally, that culverts are placed under the three (3) driveways to ensure ecological connectivity between the wetlands. When contemplating a variance, a three (3) factor test must be applied to determine practical difficulties: 1. Reasonableness - The project is reasonable, as it is proposing nine (9) total lots over ninety-four (94) acres of land, of which, about thirty (30) acres is wetland. The proposed impacts of the three (3) driveways on actual wetland area is only 270 square feet, which is under the de minimus exemption outlined in the Wetland Conservation Act (WCA). It may be possible to add more fill within the wetland areas and still remain within the de minimus exemption; however, that does seem contradictory to the purpose of the WCA. 2. Uniqueness - There are unique conditions applicable to the Subject Property. Approximately 1/3 of the Subject Property is encumbered with wetland and floodplain. The Applicant has proposed a project that really does minimize impacts to natural resources. Access to the larger, buildable areas of Lots 3-5 (where encroachment in the form of fill, sod, etc.) is obstructed due to the location of several small, pocket wetlands, and the required wetland setback. The project is attempting to minimize impacts to existing natural site conditions (wetlands, flood plain, tree cover). 3. Essential Character - The proposed subdivision would not alter the essential character of the neighborhood. In fact, the project includes far fewer lots than would be allowed by City Code. The current configuration has the least impact to existing site conditions and includes lot sizes more compatible with surrounding properties. Furthermore, it is consistent with the community's desire to retain rural character. Alternatives Alternative 1: Recommend approval of the requested variance to wetland setback requirements on Lots 3-5 to accommodate driveway access to building sites. Locating the house pads north of the small, pocket wetlands (but south of the large wetland complex) provides more wide open space for future homeowners to establish a 'usable' yard without inadvertently filling wetland area. Overall, this project has strived to limit impacts to natural resources and attempted to retain rural character by proposing fewer total lots, that by and large, far exceed minimum lot size. Staff supports this alternative. Alternative 2: Recommend denial of the variance. Should the requested variance be denied, the Applicant would need to revise the Preliminary Plat to eliminate encroachment into the wetland setback areas on Lots 3-5. The proposed impacts from the three (3) driveways fall under the de minimus exemption regarding actual wetland impacts. The location of the small, pocket wetlands restrict access to the larger, buildable areas on these lots, where there is much less likelihood of wetland encroachments by the future homeowners. Staff does not support this alternative. Funding Source: The Applicant is responsible for all costs associated with this request. Action: Motion to recommend approval of the requested variance to deviate from the wetland setback requirement on Lots 3-5, Block 1 Williams Woods. Attachments Site Location Map Applicant Summary of Variance Request Wetland Setback Exhibits for Lots 3-5 Resolution #21-203: Draft Variance