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Board of Adjustments Minutes Page 2 <br /> May 24,2016 <br /> „Th <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 Konietzko and seconded by Commissioner Feinstein <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 Nicholas <br /> that 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 Konietzko 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 Larson-Vito and seconded by Commissioner Konietzko <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 Konietzko and seconded by Commissioner Thiel that <br /> the request meets Criteria#5. Motion carried 6-0. <br /> Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to <br /> approve the request by Daryl Hartman, Case No.V 16-03, for a 10-foot front yard <br /> setback variance to reduce the setback from 30 feet to 20 feet,based on the finding <br /> that all five criteria can be met, and the 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 condition: <br /> 1. The front yard setback shall be reduced to 20 feet on the 5`h Street side of the <br /> subject property. <br /> Motion carried 6-0. <br />