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Board of Adjustments Minutes Page 3 <br /> June 28,2016 <br /> 5.2 Thomas and Kristin Gannon — 17875 Concord Street NW <br /> Variance to wetland buffer setback, Case No. V 16-07 <br /> The staff report was presented by BrieAnna Simon. Staff recommended approval of the <br /> request based on the findings listed in the staff report. <br /> Chair Johnson opened the public hearing. There being no comments from the public, Chair <br /> Johnson closed the public hearing. <br /> The Board of Adjustments reviewed the five criteria for the variance requests as follows: <br /> 1. Is in harmony with the general purpose and intent of the ordinance. <br /> Motion by Commissioner Feinstein and seconded by Commissioner Larson-Vito <br /> that 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 Larson-Vito and seconded by Commissioner Thiel 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 Feinstein and seconded by Commissioner Larson-Vito <br /> that 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 Larson-Vito and seconded by Commissioner Nicholas <br /> hat 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 Thiel and seconded by Commissioner Nicholas that <br /> 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 Thomas and Kristin Gannon for Variance encroach 13 feet <br /> into the required 45-foot wetland setback,based on the following findings: <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 a <br /> consequence of the petitioners own action or inaction. <br /> 5. The variance will not alter the essential character of the locality. <br />