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Board of Adjustments Minutes Page 2 <br /> August 25,2015 <br /> Chair Johnson opened the public hearing for the three requests by Washington Street <br /> Investors. No one appeared for or against the requests. Chair Johnson closed the public <br /> hearing. <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 Larson-Vito and seconded by Commissioner Johnson <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 Konietzko <br /> that the request meets Criteria#2. Motion carried 5-0. <br /> 3. The petitioner proposes to use the property in a reasonable manner not permitted by the <br /> zoning ordinance <br /> Motion by Commissioner Johnson and seconded by Commissioner Konietzko <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 Konietzko and seconded by Commissioner Johnson <br /> 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 Johnson and seconded by Commissioner Konietzko <br /> that the request meets Criteria #5. Motion carried 5-0. <br /> Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to <br /> approve the request by Washington Street Investors for a 6-ft.wetland setback <br /> variance to construct a home on Lot 10, Block 1,West Oaks Third Addition, Case <br /> No.V 15-10,based on the finding that all five criteria can be met,with the following <br /> conditions: <br /> 1. The area around the home within the 25-foot setback is not to be maintained as <br /> yard area (no mowing, no planting, and 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 /> 3. Drainage from all structures shall be directed away from the wetlands when <br /> possible. <br /> Motion carried 5-0. <br />