4.2 BASR 08-22-2017 DRAFT MIN - Laserfiche WebLink

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Board of Adjustments Minutes Page 4 July 25,2017 2. Lot 2, Block 1, Emmanuel Lutheran Church Addition,shall be allowed to construct an accessory structure that meets ordinance requirements. 3. With the exception of an accessory structure on Lot 2, Block 1, Emmanuel Lutheran Church Addition, no additional impervious surfacing shall be created on the subject parcels. 4. The applicant shall work with city staff on storm water mitigation. The motion carried 6-0. 4.3 Michael Swanson — 21310 Brook Road NW • Variance to permit the keeping four additional animal units, Case No. V 17-05 The staff report was presented by BrieAnna Simon. Staff recommended approval of the request with the findings and conditions listed in the staff report. Chair Johnson opened the public hearing. There being no further public comment, Chair Johnson closed the public hearing. Motion by Commissioner Feinstein and seconded by Commissioner Rydberg to approve the request by Michael Swanson,21310 Brook Road NW, for a variance, based on the following findings: 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, and no landscaping) and must be left to grow naturally. 2. All conditions and best practices outlined by the Wetland Conservation Act— Technical Evaluation Panel decision shall be met. 3. All standards described in Section 30-803—Animals of the city code must be achieved for the 10.06 acres of fenced pasture land. 4. If the Conditional Use Permit (CU 17-09) expires the variance permitting 22 animal units will also expire.All variances for animal units shall be recorded with the approved Conditional Use Permit for an increase in animal units. 5. The property owner must remain in compliance with all the conditions outlined in the Conditional Use Permit (CU 17-09). Motion carried 6-0. S. Adjournment There being no further business, Chair Johnson adjourned the meeting of the Elk River Board of Adjustments at 6:59 p.m.