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Board of Adjustments Minutes Page 2 <br /> September 27,2016 <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 /> 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 5-0. <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 Thiel that <br /> the request meets Criteria#4. Motion carried 5-0. <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 Thiel that <br /> the request meets Criteria #5. Motion carried 5-0. <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 /> 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 action or <br /> inaction. <br /> 5. The variance will not alter the essential character of the locality. <br /> and,with the following conditions: <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 the west edge of the <br /> driveway and the property line. <br />