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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 1510, 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 />