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Board of Adjustments Minutes Page 3 October 25, 2016 4.3 Gayle Murray — 19261 Ogden Street NW Wetland Setback Variance, Case No. V 16-14 Chris Leeseberg introduced this item. The staff report was presented by Kristin Mrotz- Risse. Staff recommended approval with the eight conditions listed in the staff report. Chris Murray, 19262 Ogden St. NW, applicant — stated he was present to answer questions. Chau Johnson asked if he was ok with the conditions. Mr. Murray stated yes. There being no other comments, Chau Johnson closed the public hearing. Motion by Commissioner Konietzko and seconded by Commissioner Nicholas to approve the variance request by Gayle Murray, 19261 Ogden Street NW, to encroach 45 feet into the 45 -foot wetland setback, based on the following reasons: 1. The general purpose and intent of the ordinance are met. 2. The property has a land use of residential and the use is consistent with the comprehensive plan. 3. The proposed use is reasonable and is permitted in the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioners own action or inaction. 5. The variance will not alter the essential character of the locality. And with the following conditions: 1. The area within the 25 foot wetland buffer strip is not to be maintained as yard area (no mowing, no planting, no landscaping) and must be left to grow naturally. 2. The 25 foot wetland buffer strip area must be signed to identify the buffer edge and note that maintenance is not permitted within the area. 3. No animals will be permitted within the wetland while surface water is present. 4. All conditions and best practices outlined by the Wetland Conservation Act — Technical Evaluation Panel decision shall be met. 5. A manure management plan is required to be completed following the Minnesota Pollution Control Agency Technical Guidelines for Manure Management and Applications. 6. All standards described in Section 30-803 — Animals of the city code must be achieved for the 2.32 acres of fenced pasture land. 7. If the number of agricultural animals exceeds the permitted number of animal units for 2.32 acres of fenced pasture land, the variance will not be recorded until a Conditional Use Permit is obtained. Compliance shall be established, or a permit applied for no later than November 29, 2016. 8. If there is a change to the configuration of the fenced pasture land, a new plan is required, and must be approved by the city. Motion carried 7-0.