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05-26-2015 BA MIN
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05-26-2015 BA MIN
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Board of Adjustments Minutes Page 3 <br />May 26, 2015 <br />The Board of Adjustments reviewed the five criteria as follows: <br />1. Is in harmony with the general purpose and intent of the ordinance. <br />Motion by Commissioner Johnson and seconded by Commissioner Larson Vito <br />that the request meets Criteria #1. Motion carried 5 -0. <br />2. Is consistent with the City of Elk River comprehensive plan. <br />Motion by Commissioner Johnson and seconded by Commissioner Larson -Vito <br />that the request meets Criteria #2. Motion carried 5 -0. <br />The petitioner proposes to use the property in a reasonable manner not permitted by the <br />zoning ordinance <br />Motion by Commissioner Larson -Vito and seconded by Commissioner Johnson <br />that the request meets Criteria #3. Motion carried 5 -0. <br />4. The plight of the petitioner is due to circumstances unique to the property not a <br />consequence of the petition's own action or inaction. <br />Motion by Commissioner Larson -Vito and seconded by Commissioner Larson- <br />Vito that the request meets Criteria #4. Motion carried 5 -0. <br />5. The variance, if granted, will not alter the essential character of the locality. <br />Motion by Commissioner Larson -Vito and seconded by Commissioner Johnson <br />that the request meets Criteria #5. Motion carried 5 -0. <br />Motion by Commissioner Johnson and seconded by Commissioner Larson -Vito to <br />approve the request by Washington Street Investors /Judith Hidde for an 8 -ft. <br />wetland setback (rear yard) Variance to construct deck, 14243 183`a Lane NW, Case <br />No. V 15 -07, based on the finding that all five criteria can be met, with the following <br />conditions: <br />1. The area beneath the deck and within the 25 -foot setback is not to be maintained <br />as yard area (no mowing, no planting, no landscaping) and must be left to grow <br />naturally. <br />2. The 25 -foot buffer area must be signed to identify the buffer edge and note that <br />maintenance is not permitted within the area. <br />Motion carried 5 -0. <br />5.2 Request by Washington Street Investors /Barbara Brown for 8 -ft. wetland <br />setback (rear yard) Variance to construct deck, 14247 183rd Lane NW — <br />Public Hearing — Case No. V 15 -08 <br />
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