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Board of Adjustments Minutes Page 2 <br /> October 25,2016 <br /> Chair Johnson opened the public hearing.There being no public comment, Chair Johnson <br /> closed the public hearing. <br /> The Commissioners discussed the criteria for granting a variance. It was the consensus of <br /> the Board of Adjustments that the request meets all five criteria. <br /> Motion by Commissioner Konietzko and seconded by Commissioner Feinstein to <br /> approve the request by Progressive Builders for a 12-foot wetland setback variance, <br /> Case No.V 16-11,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 a <br /> 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 yard <br /> area (no mowing, no planting,no landscaping) and must be left to grow <br /> naturally. <br /> 2. The 25 foot wetland buffer strip area must be signed to identify the buffer edge <br /> and note that maintenance is not permitted within the area. <br /> Motion carried 5-0. <br /> 4.2 Michael and Rosie Reger 1 9538 Albany Street NW <br /> • Side Yard Setback Variance, Case No. V 16-13 <br /> The staff report was presented by Chris Leeseberg. Staff recommended denial of the request <br /> based on the finding that#1, 3 and 4 of the criteria for granting a variance cannot be met. <br /> Chair Johnson asked if staff had discussed the criteria with the applicant. Mr. Leeseberg <br /> stated that he discussed the wetland setback regulations and process,but not the specific <br /> criteria. <br /> Chair Johnson opened the public hearing. There being no public comment, Chair Johnson <br /> closed the public hearing. <br /> It was the consensus of the Board of Adjustments that Criteria 1, 3,4 and 5 cannot be met. <br /> Motion by Commissioner Konietzko and seconded by Commissioner Larson-Vito to <br /> deny the request by Michael and Rosie Reger, Case No.V 16-13,based on the <br /> finding that the criteria cannot be met. Motion carried 7-0. <br />