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Board of Adjustments Minutes Page 4 <br />May 22, 2018 <br />----------------------------- <br />Commissioner Larson-Vito agreed it was a tight squeeze. <br /> <br />Moved by Commissioner Larson-Vito and seconded by Commissioner <br />Rydberg to recommend approval of the variance request by Bryan Provo to <br />encroach 37 feet into the 45 foot wetland setback and buffer, with the <br />following conditions as all five requirements for approval of a variance are <br />satisfied: <br />1. The encroachment into the setback area is limited to three feet behind <br /> the existing detached garage. <br />2. All retaining walls must include at least 12 inches of clear backfill <br /> material directly behind the wall. The clear backfill material must be <br /> separated from the adjacent soils with landscape fabric. <br />3. Existing vegetation beyond the 37 foot variance shall not be removed <br /> or altered in any way. Due to the proximity to the wetland edge, any <br /> work beyond this area may be considered wetland impacts and subject <br /> to the Wetland Conservation Act regulations requiring mitigation. <br />4. An easement vacation, applied for by the applicant, must be approved <br /> by the City Council and recorded with Sherburne County to allow <br /> placement of the pool, retaining walls, and landscaping within the <br /> existing easement area. <br /> <br />Motion carried 7-0. <br /> <br />6. Adjournment <br /> <br />There being no further business, Chair Johnson adjourned the meeting of the Elk <br />River Board of Adjustments at 6:48 p.m. <br /> <br />Minutes prepared by Jennifer Green. <br /> <br /> <br /> <br />___________________ <br />Tina Allard <br />City Clerk <br /> <br /> <br />___________________ <br />Eric Johnson <br />Planning Commission Chair <br /> <br /> <br /> <br /> <br /> <br />