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Board of Adjustments Minutes Page 2 <br /> June 28,2016 <br /> 1. Is in harmony with the general purpose and intent of the ordinance. <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 the property not a <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 /> 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 /> 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 /> 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 />