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Board of Adjustments Minutes Page 2 <br />September 26, 2017 <br />----------------------------- <br />There being no further public comment, Chair Johnson closed the public hearing. <br /> <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 /> <br /> Motion by Commissioner Larson-Vito and seconded by Commissioner Nicholas to <br />approve the request by Tim Smith for variance to allow a driveway to encroach 24 <br />feet into the required 45-foot wetland setback for the 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 <br />a consequence of the petitioners own action or inaction. <br />5. The variance will not alter the essential character of the locality. <br /> <br /> And with the following conditions: <br />1. A right-of-way easement vacation for 190th Ave NW must be approved by City <br />Council. <br />2. The plat of Island View Sixth Addition must be approved by City Council and <br />recorded with Sherburne County. <br />3. The applicant shall work with staff for an on-site review of the driveway <br />location prior to beginning construction activities. <br />4. All areas within the 25 foot wetland buffer strip and 20 foot wetland buffer <br />strip setback that are not part of the driveway or side slope shall not to be <br />maintained as yard area (no mowing, no planting, no landscaping) and must <br />be left to grow naturally. <br />5. All conditions and best practices outlined by the Wetland Conservation Act <br />via the Technical Evaluation Panel decision shall be met. <br /> <br /> Motion carried 6-0. <br /> <br />5. Adjournment <br /> <br />There being no further business, Chair Johnson adjourned the meeting of the Elk River <br />Board of Adjustments at 6:38 p.m. <br /> <br />Minutes prepared by Debbie Huebner. <br /> <br /> <br />_______________________ <br />Tina Allard <br />City Clerk <br /> <br />_______________________ <br />Eric Johnson <br />Planning Commission Chair <br /> <br />