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Board of Adjustments Minutes Page 2 <br />September 27, 2016 <br /> <br />----------------------------- <br />Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel that <br />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 Larson-Vito and seconded by Commissioner Feinstein <br />that the request meets Criteria #2. Motion carried 5-0. <br /> <br />3.The petitioner proposes to use the property in a reasonable mann <br />zoning ordinance. <br /> <br />Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel that <br />the request meets Criteria #3. Motion carried 5-0. <br /> <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 /> <br />Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel that <br />the request meets Criteria #4. Motion carried 5-0. <br /> <br />5.The variance, if granted, will not alter the essential character of the locality. <br /> <br />Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel that <br />the request meets Criteria #5. Motion carried 5-0. <br /> <br />Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to <br />approve the request Glen Brown for a driveway width variance, Case No. V 16-08, <br />based on the finding that all five criteria can be met, and the following reasons: <br /> <br />1.The general purpose and intent of the ordinance are met if the driveway is limited <br />to 40 feet wide. <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 on the property, while adhering to setbacks, would be used in <br />a reasonable manner and is permitted in the zoning ordinance. <br />4.The existing driveway is a legal non-conforming driveway that will move closer to <br />compliance with a variance. The plight of the petitioner is due to circumstances <br />unique to the property not a consequence of the petitioners own <br />inaction. <br />5.The variance will not alter the essential character of the locality. <br /> <br /> and, with the following conditions: <br /> <br />1.The driveway shall not exceed 40 feet in width anywhere along its length and <br />shall be setback at least 5 feet from the property lines. <br />2.Turf shall be established for the five feet of property between e west edge of the <br />driveway and the property line. <br /> <br />