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Board of Adjustments Minutes Page 2 <br />June 28, 2016 <br /> <br />----------------------------- <br />1.Is in harmony with the general purpose and intent of the ordinan <br />Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel that <br />the request meets Criteria #1. Motion carried 6-0. <br />2.Is consistent with the City of Elk River comprehensive plan. <br />Motion by Commissioner Nicholas and seconded by Commissioner Crook that <br />the request meets Criteria #2. Motion carried 6-0. <br />3.The petitioner proposes to use the property in a reasonable manner not permitted by the <br />zoning ordinance <br />Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel that <br />the request meets Criteria #3. Motion carried 6-0. <br />4.The plight of the petitioner is due to circumstances unique to t <br />consequence of the petition's own action or inaction. <br />Motion by Commissioner Feinstein and seconded by Commissioner Larson-Vito <br />that the request meets Criteria #4. Motion carried 6-0. <br /> <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 Crook <br />that the request meets Criteria #5. Motion carried 6-0. <br />Motion by Commissioner Larson-Vito and seconded by Commissioner Crook to <br />approve the request by Justin Werk, Case No. V 16-05, for a 10.5 foot wetland buffer <br />setback variance, based on the finding that all five criteria can be met, and the <br />following reasons: <br /> <br />1.The general purpose and intent of the ordinance are met. <br />2.The property has a land use of residential and the use is consistent with the <br />comprehensive plan. <br />3.The proposed use is reasonable and is permitted in the zoning ordinance. <br />4.The plight of the petitioner is due to circumstances unique to the property not <br />a consequence of the petitioners own action or inaction. <br />5.The variance will not alter the essential character of the locality. <br /> <br />and, with the following conditions: <br />1.The area within the 25 foot wetland buffer strip is not to be maintained as <br />yard area (no mowing, no planting, and no landscaping) and must be left to <br />grow naturally. <br />2.The 25 foot wetland buffer strip area must be signed to identify the buffer <br />edge and note that maintenance is not permitted within the area. <br /> Motion carried 6-0. <br /> <br />